CHAPTER 13. REGULATION OF WASTE TIRE STORAGE SITES; WASTE TIRE MANAGEMENT FUND
IC 13-20-13
Chapter 13. Regulation of Waste Tire Storage Sites; Waste TireManagement Fund
IC 13-20-13-1
Applicability of certificate of registration provisions
Sec. 1. The provisions of this chapter concerning waste tirestorage site and waste tire processing operation certificates ofregistration do not apply to the following:
(1) A facility operated as a recycling facility under a validpermit issued by the commissioner.
(2) A site at which waste tires are stored under a recyclingprogram approved by the commissioner.
(3) The site of a facility that is used to retread tires at whichfewer than five thousand (5,000) waste tires are present indoorswithin a completely enclosed structure.
(4) A vehicle or container in which waste tires are stored forless than thirty (30) days.
(5) A vehicle that is properly licensed, capable of legallytransporting waste tires, and in which waste tires are completelyenclosed.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.4.
IC 13-20-13-1.5
Manner of storage of waste tires
Sec. 1.5. A person that stores waste tires shall do so in a mannerthat:
(1) does not pose a threat to human health or the environment;
(2) does not pose a fire hazard; and
(3) controls vectors that pose a threat to human health.
As added by P.L.93-1998, SEC.5.
IC 13-20-13-2
Necessity of registration or certificate
Sec. 2. A person may not create or maintain a waste tire storagesite or waste tire processing operation unless the person:
(1) has registered the waste tire storage site or waste tireprocessing operation under this chapter or IC 13-7-23 (beforeits repeal); and
(2) holds a valid certificate of registration issued under section3 of this chapter or IC 13-7-23-7 (before its repeal).
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.6.
IC 13-20-13-3
Certificate of registration
Sec. 3. (a) The commissioner shall issue a waste tire storage siteor waste tire processing operation certificate of registration to aperson that owns or operates a waste tire storage site or waste tireprocessing operation if the person complies with the requirements ofthis chapter and rules adopted by the board under section 11 of this
chapter.
(b) A certificate of registration issued under this section expiresfive (5) years after the date the certificate is issued.
(c) The commissioner may include in a certificate of registrationissued under this section conditions that ensure compliance with:
(1) this chapter; and
(2) rules adopted by the board under this chapter;
including a compliance schedule.
(d) The department may deny an application for a certificate ofregistration under this chapter if:
(1) the application is incomplete;
(2) the applicant has failed to comply with the requirements of:
(A) this chapter;
(B) IC 13-20-14; or
(C) a rule adopted by the board under section 11 of thischapter or under IC 13-20-14-6; or
(3) an enforcement action is pending against the applicant.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.7.
IC 13-20-13-4
Prerequisites to certificate of registration; deposit of fees
Sec. 4. (a) To apply for a certificate of registration under section3 of this chapter, a person must submit the following to thedepartment:
(1) A description of the location of the:
(A) waste tire storage site; or
(B) waste tire processing operation.
(2) A description of buildings, signs, notices, and alarms to beused:
(A) on the waste tire storage site; or
(B) in connection with the waste tire processing operation.
(3) A description of the management program for the waste tirestorage site or waste tire processing operation, includingemergency measures to be used on the site or at the operation.
(4) If the person who applies for the certificate of registrationdoes not own the property where the waste tires will be storedor processed, the signature of the person who owns theproperty.
(5) If a person is to operate a waste tire storage site, adescription of evidence of financial assurance to be maintainedby the person under rules adopted by the board under section 11of this chapter.
(6) A fee in an amount determined by the board.
(7) Other information reasonably requested by the department.
(b) The department shall deposit the fee submitted undersubsection (a)(6) in the waste tire management fund established bythis chapter.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.8.
IC 13-20-13-5 Duties of certificate of registration holders
Sec. 5. A person that obtains a certificate of registration undersection 3 of this chapter must do the following:
(1) Report annually to the department on the following:
(A) The number of waste tires received at the waste tirestorage site or by the waste tire processing operation.
(B) The number and manner of disposal of the waste tires.
(2) Maintain contingency plans to protect public health and theenvironment.
(3) If the person operates a waste tire storage site, maintainfinancial assurance acceptable to the department necessary forwaste tire removal, in an amount specified in rules adopted bythe board under section 11(b)(3) of this chapter.
(4) Maintain a copy of the certificate of registration at the site.
(5) Comply with applicable rules and requirements establishedby the fire prevention and building safety commission forindoor waste tire storage sites.
(6) Retain a copy of manifests received from a waste tiretransporter under IC 13-20-14 for at least one (1) year and makea copy of the manifests available to the department uponrequest.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.9.
IC 13-20-13-5.5
Revocation or modification of certificate of registration; appeal
Sec. 5.5. (a) A certificate of registration issued by the departmentunder this chapter may be revoked or modified by the commissioner,or by a designated staff member of the department, after notificationin writing is sent by certified mail to the holder of the certificate for:
(1) failure to disclose all relevant facts;
(2) making a misrepresentation in obtaining the registration; or
(3) failure to correct, within the time established by thedepartment:
(A) a violation of a condition of the registration; or
(B) a violation of this chapter or a rule adopted by the boardunder section 11 of this chapter.
(b) A person aggrieved by the revocation or modification of acertificate of registration may appeal the revocation or modificationto the office of environmental adjudication under IC 4-21.5-7.Pending the decision resulting from a hearing under IC 4-21.5-3concerning the revocation or modification, the registration remainsin force. However, subsequent to revocation or modification, thecommissioner may seek injunctive relief concerning the activitydescribed in the registration.
As added by P.L.93-1998, SEC.10. Amended by P.L.1-1999, SEC.36.
IC 13-20-13-6
Inspection program
Sec. 6. (a) The department shall operate a waste tire storage siteand waste tire processing operation inspection program. (b) A person that obtains a certificate of registration under section3 of this chapter must allow the department access to the waste tirestorage site or waste tire processing operation at reasonable times toinspect for potential violations of:
(1) this chapter; or
(2) rules adopted under this chapter.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.11.
IC 13-20-13-7
New replacement tire and new vehicle sales fees
Sec. 7. (a) A fee of twenty-five cents ($0.25) is imposed on thesale of the following:
(1) Each new tire that is sold at retail.
(2) Each new tire mounted on a new vehicle sold at retail.
(b) The person that sells the new tire or vehicle at retail to theultimate consumer of the tire or vehicle shall collect the fee imposedby this section.
(c) A person that collects a fee under subsection (b):
(1) shall pay the fees collected under subsection (b):
(A) to the department of state revenue; and
(B) at the same time and in the same manner that the personpays the state gross retail tax collected by the person to thedepartment of state revenue;
(2) shall indicate on the return:
(A) prescribed by the department of state revenue; and
(B) used for the payment of state gross retail taxes;
that the person is also paying fees collected under subsection(b); and
(3) is entitled to deduct and retain one percent (1%) of the feesrequired to be paid to the department of state revenue under thissubsection.
(d) The department of state revenue shall deposit fees collectedunder this section in the waste tire management fund established bythis chapter.
As added by P.L.1-1996, SEC.10.
IC 13-20-13-8
Waste tire management fund; establishment; purposes; sources ofrevenue
Sec. 8. (a) Except as provided in subsection (d)(2), (d)(3), (d)(6),and (d)(7), the waste tire management fund is established for thefollowing purposes:
(1) The department may use not more than thirty-five percent(35%) of the money deposited in the fund each year for:
(A) the removal and disposal of waste tires from sites wherethe waste tires have been disposed of improperly; and
(B) operating the waste tire education program under section15 of this chapter.
(2) The department may use the remaining money deposited inthe fund each year to: (A) provide grants and loans under section 9(b) of thischapter to entities involved in waste tire managementactivities; and
(B) pay the expenses of administering the programsdescribed in:
(i) subdivision (1)(B); and
(ii) clause (A).
(b) The expenses of administering the fund shall be paid frommoney in the fund.
(c) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
(d) Sources of money for the fund are the following:
(1) Fees paid under section 4(a)(6) of this chapter andIC 13-20-14-5(e).
(2) Fees collected under section 7 of this chapter. All moneydeposited in the fund under this subdivision may be used by thedepartment for waste reduction, recycling, removal, orremediation projects.
(3) Costs and damages recovered from a person or other entityunder section 14 of this chapter or IC 13-20-14-8. All moneydeposited in the fund under this subdivision may be used by thedepartment for removal and remediation projects.
(4) Fees established by the general assembly for the purposes ofthis chapter.
(5) Appropriations made by the general assembly.
(6) Gifts and donations intended for deposit in the fund. A giftor donation deposited in the fund under this subdivision may bespecified to be entirely for the use of the department.
(7) Civil penalties collected under IC 13-30-4 for violations of:
(A) this chapter;
(B) IC 13-20-14; and
(C) rules adopted under section 11 of this chapter andIC 13-20-14-6.
All money deposited in the fund under this subdivision may beused by the department for eligible projects.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.12;P.L.1-1999, SEC.37; P.L.1-2006, SEC.202; P.L.204-2007, SEC.14.
IC 13-20-13-9
Waste tire management fund; use of funds
Sec. 9. (a) The department may use money in the fund to assist thedepartment in:
(1) removing waste tires from sites where waste tires have beendisposed of improperly;
(2) properly managing waste tires;
(3) performing surveillance and enforcement activities used toimplement proper waste tire management; and
(4) conducting the waste tire education program under section15 of this chapter.
(b) The department may use money in the fund to provide grants
and loans to entities to establish and operate programs involving thefollowing:
(1) Recycling or reuse of waste tires.
(2) Using waste tires as a source of fuel.
(3) Developing markets for waste tires and products containingrecycled or reused waste tires.
(c) The department may adopt rules under IC 4-22-2 necessary toimplement this section.
As added by P.L.1-1996, SEC.10. Amended by P.L.1-2006, SEC.203;P.L.204-2007, SEC.15.
IC 13-20-13-10
Annual report
Sec. 10. (a) The department shall report annually to the governorand the general assembly on the following:
(1) Waste tire management as required by this chapter.
(2) The status of the waste tire management fund.
(3) The status of programs funded by the fund.
(b) A report issued by the department under this section mayinclude recommendations for revisions to waste tire managementprograms.
(c) Before the department may issue a report under this section,the department must solicit public comment on the report.
(d) A report issued by the department under this section to thegeneral assembly must be in an electronic format under IC 5-14-6.
As added by P.L.1-1996, SEC.10. Amended by P.L.28-2004,SEC.122.
IC 13-20-13-11
Adoption of rules
Sec. 11. (a) The board shall adopt rules under IC 4-22-2 andIC 13-14-8 necessary to implement this chapter.
(b) The rules adopted under this section must include thefollowing:
(1) Requirements for the registration of waste tire storage sitesand waste tire processing operations.
(2) Requirements concerning the following:
(A) The operation of waste tire storage sites and waste tireprocessing operations.
(B) Proper storage and processing of waste tires.
(C) Contingency plans concerning the minimization ofhazards to human health and the environment at waste tirestorage sites and waste tire processing operations.
(D) Record keeping guidelines concerning the quantity ofwaste tires stored and processed at waste tire storage sitesand waste tire processing operations.
(3) Financial assurance acceptable to the department necessaryfor waste tire removal that a person that operates a waste tirestorage site must maintain.
(4) The establishment of the fee required by section 4(a)(4) of
this chapter in an amount necessary to cover the costs incurredin the following:
(A) Registering waste tire storage sites and waste tireprocessing operations under this chapter.
(B) Administering this chapter.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.13.
IC 13-20-13-12
Certain storage facilities; waste tires not solid waste
Sec. 12. A waste tire that is stored at a facility that:
(1) does not process waste tires; or
(2) processes waste tires by cutting or shredding the waste tires;
is not solid waste if the facility is registered under this chapter andthe waste tires are stored in accordance with this chapter and rulesadopted under this chapter.
As added by P.L.1-1996, SEC.10.
IC 13-20-13-13
Removal and remedial actions
Sec. 13. (a) The commissioner may proceed in court, byappropriate action, to:
(1) compel a person responsible for the improper storage ofwaste tires to undertake a removal or remedial action withrespect to the waste tires; or
(2) obtain an order to enter upon private or public property tocarry out a removal or remedial action with respect to the wastetires if the commissioner cannot identify or locate anotherperson responsible for carrying out the removal or remedialaction who:
(A) is willing to carry out the removal or remedial action andis capable of doing so; or
(B) can be compelled to carry out the removal or remedialaction under subdivision (1).
(b) The commissioner may issue an administrative order for thepurpose set forth in subsection (a)(1).
As added by P.L.1-1996, SEC.10.
IC 13-20-13-14
Recovery of costs and damages
Sec. 14. The commissioner may proceed in the appropriate courtto recover costs and damages from a person who:
(1) is responsible for the improper storage of waste tires; and
(2) fails, without sufficient cause, to properly undertake aremoval or remedial action under section 13 of this chapter.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.14.
IC 13-20-13-15
Education program
Sec. 15. The department shall operate a waste tire educationprogram to inform the public concerning the following issues: (1) Proper waste tire management procedures.
(2) Methods to minimize the production of waste tires,including information concerning the advantages of usingretreaded tires.
As added by P.L.1-1996, SEC.10.
IC 13-20-13-16
Repealed
(Repealed by P.L.93-1998, SEC.21.)
IC 13-20-13-17
Criminal penalty for application misstatement
Sec. 17. A person who, with intent to defraud, knowingly orintentionally makes a material misstatement in connection with anapplication for a loan or grant from the fund commits a Class Dfelony.
As added by P.L.137-2007, SEC.18.