329 Ind. Admin. Code 15-6-6

Current through December 4, 2024
Section 329 IAC 15-6-6 - Storage of waste tires for legitimate use

Authority: IC 13-19-1-2; IC 13-19-3-1; IC 13-19-3-1.3; IC 13-20-13-11

Affected: IC 13-11-2-251; IC 13-30-2-1; IC 36-9-30

Sec. 6.

(a) A person may store waste tires for a legitimate use at the following locations:
(1) A registered waste tire processing operation or waste tire storage site, in accordance with this article.
(2) A location other than a registered waste tire processing operation or waste tire storage site, in accordance with subsection (b).
(b) A person storing waste tires for a legitimate use at a location other than a registered waste tire processing operation or waste tire storage site shall comply with the following requirements:
(1) All wastewater from the waste tires stored for a legitimate use must be discharged in accordance with the requirements at 327 IAC 5 and 327 IAC 15.
(2) A person storing waste tires for a legitimate use may not do any of the following:
(A) Pose an unreasonable threat to human health or the environment.
(B) Create a nuisance.
(C) Allow or perform an act prohibited under IC 13-30-2-1.
(D) Store waste tires in areas of standing water.
(3) A person storing waste tires for a legitimate use shall take actions required to:
(A) prevent the breeding of mosquitoes and other disease vectors; and
(B) control any population of mosquitoes and other disease vectors.
(4) A person storing waste tires for a legitimate use shall prevent water from accumulating in the waste tires by doing the following:
(A) Drain the waste tires:
(i) on the day of receipt; and
(ii) as necessary thereafter to prevent accumulation of water in the waste tires.
(B) Store the waste tires in a manner that prevents accumulation of water in the waste tires.
(5) A person may not store waste tires for a legitimate use for more than forty-five (45) days prior to use, except for one (1) or more of the following situations:
(A) An extension is approved in writing by the commissioner.
(B) An alternative timeframe is included in the legitimate use approval.
(C) The person storing waste tires for legitimate use is issued a certificate of registration for a waste tire storage site under 329 IAC 15-3-8 and complies with the applicable requirements of this article for a registered waste tire storage site.
(c) If a person storing waste tires for a legitimate use in accordance with subsection (b) accumulates more than the amount of PTEs specified in IC 13-11-2-251, the person shall:
(1) apply for a certificate of registration for a waste tire storage site; and
(2) cease accumulation of additional waste tires until the commissioner issues a certificate of registration to the person storing waste tires for a legitimate use.

329 IAC 15-6-6

Solid Waste Management Division; 329 IAC 15-6-6; filed 11/28/2022, 10:42 a.m.: 20221228-IR-329170279FRA