Sec. 11. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-8 necessary to implement this chapter.
(b) The rules adopted under this section must include the following:
(1) Requirements for the registration of waste tire storage sites and waste tire processing operations.
(2) Requirements concerning the following:
(A) The operation of waste tire storage sites and waste tire processing operations.
(B) Proper storage and processing of waste tires.
(C) Contingency plans concerning the minimization of hazards to human health and the environment at waste tire storage sites and waste tire processing operations.
(D) Record keeping guidelines concerning the quantity of waste tires stored and processed at waste tire storage sites and waste tire processing operations.
(E) The transportation of waste tires and loads containing any combination of both waste tires and used tires.
(F) Reporting requirements concerning the transportation of:
(i) waste tires; and
(ii) loads containing any combination of both waste tires and used tires;
that include evidence of proper end point disposal or processing of tires described in this clause.
(3) Financial assurance acceptable to the department necessary for waste tire removal that a person that operates a waste tire storage site must maintain. The rules shall provide for the use of a corporate financial test that is substantially similar to the corporate financial test set forth in 40 CFR 258.74(e) as an optional financial assurance mechanism.
(4) The establishment of the fee required by section 4(a)(6) of this chapter in an amount necessary to cover the costs incurred in the following:
(A) Registering waste tire storage sites and waste tire processing operations under this chapter.
(B) Administering this chapter.
(c) The rules adopted under this section may establish standards and procedures for the legitimate use, instead of disposal, of waste tires, including standards and procedures concerning the following:
(1) Proper storage and handling.
(2) Record keeping.
(3) Circumstances under which the use of a waste tire is not considered a legitimate use.
[Pre-1996 Recodification Citation: 13-7-23-15.]
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.13; P.L.97-2016, SEC.5; P.L.27-2020, SEC.2.
Structure Indiana Code
Article 20. Solid Waste Management
Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund
13-20-13-1. Applicability of Certificate of Registration Provisions
13-20-13-1.5. Manner of Storage of Waste Tires
13-20-13-2. Necessity of Registration or Certificate
13-20-13-3. Certificate of Registration
13-20-13-4. Prerequisites to Certificate of Registration; Deposit of Fees
13-20-13-5. Duties of Certificate of Registration Holders
13-20-13-5.5. Revocation or Modification of Certificate of Registration; Appeal
13-20-13-6. Inspection Program
13-20-13-7. New Replacement Tire and New Vehicle Sales Fees
13-20-13-8. Waste Tire Management Fund; Establishment; Purposes; Sources of Revenue
13-20-13-9. Waste Tire Management Fund; Use of Funds
13-20-13-11. Adoption of Rules; Legitimate Use of Waste Tires and Used Tires
13-20-13-12. Certificate of Registration Not Required
13-20-13-13. Removal and Remedial Actions
13-20-13-14. Recovery of Costs and Damages