Section 329 IAC 15-6-4 - Application for 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 13-11-2-193.5; IC 13-14-13; IC 13-20-13-11; IC 13-20-14-6; IC 13-30-2; IC 25-31; IC 36-9-30
Sec. 4.
(a) For a proposed legitimate use of waste tires that is not specified in section 3 of this rule, a person shall obtain an approval from the commissioner in accordance with this section before the person may use waste tires in the legitimate use.(b) A person that intends to use waste tires for a legitimate use that is not specified in section 3 of this rule must submit an application to the department for a legitimate use of waste tires on a form provided by the department that includes the following information: (1) The name, address, and contact information of the applicant.(2) The location and address of the property where the legitimate use is proposed.(3) If the owner of the property where the legitimate use is proposed is not the person submitting the application, the following information:(A) Name, address, and contact information of the property owner.(B) Written consent and signature from the property owner.(4) The amount of waste tires in PTEs expected to be used for the legitimate use.(5) The sources of the waste tires expected to be used for the legitimate use.(6) The locations of waste tire storage areas expected to be used for the legitimate use, if the locations are not at a registered waste tire processing operation or waste tire storage site.(7) A detailed description of the following:(B) A justification for the legitimate use of waste tires, including how the legitimate use: (i) is a comparable substitute for an analogous material normally used for the specified purpose;(ii) achieves the specified purpose; and(iii) is commercially valuable for an established or emerging market.(C) How the person using waste tires in a legitimate use will prevent nuisances during the legitimate use.(8) Engineering diagrams, testing, plans, or specifications for the legitimate use, if applicable for the specified purpose.(9) Plans for the legitimate use as a structure or structural fill, including certification from a professional engineer registered under IC 25-31, if applicable for the specified purpose.(10) Other supporting documentation for the information required in this subsection.(c) The commissioner shall consider the following to make a determination on an application:(1) The person has submitted a complete and accurate application, in accordance with this section.(2) The person complies with all applicable requirements of this rule for the legitimate use of waste tires.(3) Additional information the commissioner deems necessary to verify the use is legitimate and does not pose a threat to human health and the environment, that may include the following factors: (A) The waste tires provide a functional benefit.(B) The waste tires are an effective substitute for a natural or commercial material.(C) The use meets relevant product specifications or design standards.(D) Design or analytical testing to demonstrate that the use does not pose a threat.(d) After review of the application, the commissioner shall provide written notification to the applicant with one (1) of the following determinations:(1) Approval of the application that may include specific conditions applicable to the approved legitimate use.(2) Request for additional information for the application before making a determination. Within thirty (30) days after the request for additional information, the applicant shall do one (1) of the following: (A) Withdraw the application with a written notification to the commissioner.(B) Submit the requested information or agree to the requested changes.(C) Submit a written request and receive approval from the commissioner for an extension of time to comply with the commissioner's request for additional information.(3) Denial of the application, for one (1) or more of the following reasons: (A) The application is incomplete.(B) The applicant has failed to comply with the requirements of this article.(C) An enforcement action is pending against the applicant.(D) The proposed legitimate use poses an unreasonable threat to human health or the environment, as specified in section 1(b) of this rule.(E) The applicant does not submit the additional information that the commissioner requested under subdivision (2) within thirty (30) days after the request.(e) An application for a legitimate use must be submitted as a paper copy unless the commissioner makes a determination that a copy in an electronic format as prescribed by the commissioner and in accordance with IC 13-14-13 is sufficient.(f) The commissioner may require one (1) or more of the following conditions for an approved legitimate use of waste tires: (1) Notice of completion from the person that uses waste tires in a legitimate use.(2) Restrictive covenant as defined at IC 13-11-2-193.5.(3) Any other conditions as required by the commissioner to prevent threats to human health and the environment in accordance with section 1(b) of this rule.(g) A legitimate use approved under this section is valid for two (2) years from the initial date of approval.Solid Waste Management Division; 329 IAC 15-6-4; filed 11/28/2022, 10:42 a.m.: 20221228-IR-329170279FRA