CHAPTER 14. DISPOSAL OF WASTE TIRES
IC 13-20-14
Chapter 14. Disposal of Waste Tires
IC 13-20-14-1
Disposal at solid waste landfills
Sec. 1. (a) Except as provided in:
(1) rules adopted under subsection (d); and
(2) section 10 of this chapter;
a whole waste tire may not be disposed of at a solid waste landfill.
(b) The department may approve shredded or ground up tires foruse as daily cover for a solid waste landfill.
(c) Material approved under subsection (b) is exempt fromIC 13-20-22 and IC 13-21-13.
(d) The solid waste management board shall adopt rules that allowfor the incidental disposal of small amounts of whole waste tires atsolid waste landfills.
(e) The rules adopted under subsection (d) may allow a landfilloperator to meet the requirements of the rule by employingprocedures designed to achieve the objectives of subsection (d) inlieu of a numeric standard.
As added by P.L.1-1996, SEC.10. Amended by P.L.123-1996,SEC.13; P.L.132-1997, SEC.1.
IC 13-20-14-2
Notices in retail tire establishments
Sec. 2. (a) In each retail establishment in which a retailer sellsnew tires, the retailer shall post in a conspicuous place a writtennotice that bears the following statements:
"Do not put waste tires in the trash."
"Recycle your waste tires."
"State law requires us to accept your waste tires for recycling orproper disposal if you purchase new tires from us.".
(b) A notice required by this section must be at least eight andone-half (8.5) inches wide and eleven (11) inches high.
(c) A person who knowingly violates this section commits a ClassC infraction.
As added by P.L.1-1996, SEC.10.
IC 13-20-14-3
Acceptance of waste tires by retailers on sale of new tires
Sec. 3. (a) A retailer who sells new tires to a person shall acceptwaste tires that the person presents to the retailer at the place wherepossession of the new tires is transferred to the person.
(b) The number of waste tires that a retailer is required to acceptfrom a person under this section is equal to the number of new tiresthat the retailer sells to the person.
As added by P.L.1-1996, SEC.10.
IC 13-20-14-4
Disposal by source of waste tires Sec. 4. (a) A source of waste tires shall dispose of waste tires inthe source's possession by one (1) or more of the following means:
(1) Delivery to a wholesaler or to an agent of a wholesaler.
(2) Delivery to a manufacturer of tires.
(3) Delivery to a facility that:
(A) recycles tires; or
(B) collects tires for delivery to a recycling facility.
(4) Delivery to a permitted final disposal facility regulatedunder environmental management laws.
(5) Delivery to a waste tire storage site.
(6) Delivery to a facility operated as a waste tire cutting facilityunder a permit issued by the commissioner.
(7) Delivery to a registered waste tire transporter or a personwho operates a municipal waste collection and transportationvehicle licensed under IC 13-20-4.
(b) A person referred to in subsection (a) is not required to acceptwaste tires from a source of waste tires.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.15.
IC 13-20-14-5
Waste tire transporters; registration; manifest forms; fees;retention and furnishing of manifest copies
Sec. 5. (a) This section does not apply to a person who operatesa municipal waste collection and transportation vehicle licensedunder IC 13-20-4.
(b) A person may not act as a waste tire transporter unless theperson is registered with the department as a waste tire transporter.To apply for a certificate of registration as a waste tire transporter,a person must submit the following to the department:
(1) The person's name.
(2) The address of the person's principal office.
(3) The addresses of any offices maintained by the person inIndiana.
(4) Evidence of financial assurance, maintained in accordancewith rules adopted under section 6 of this chapter, in the amountof at least ten thousand dollars ($10,000). The financialassurance must be in the form of:
(A) a bond for performance, executed by a corporate suretylicensed to do business in Indiana;
(B) a negotiable certificate of deposit; or
(C) a negotiable letter of credit;
payable to the department and conditional upon faithfulperformance of the requirements of this chapter and theregistration.
(c) The rules adopted under section 6 of this chapter must adopta manifest form and require a waste tire transporter to prepare andcarry a manifest based upon that form each time a waste tiretransporter transports waste tires. The format and wording of theform must require a waste tire transporter to enter information ineach manifest indicating the source and number of waste tires to be
transported and the destination to which the waste tires aretransported.
(d) Until the rules prescribing a manifest form are adopted undersubsection (c), a waste tire transporter may use a manifest formdesigned by the waste tire transporter. A form designed and usedunder this subsection must meet the format and wordingrequirements set forth in subsection (c).
(e) A person who acts as a waste tire transporter in Indiana shallpay an annual registration fee of twenty-five dollars ($25) that shallbe deposited in the waste tire management fund and appropriated tothe department for the department's use in providing for the removaland disposal of waste tires from sites where the waste tires have beendisposed of improperly.
(f) A waste tire transporter shall do the following:
(1) Retain a copy of a manifest described under this section forat least one (1) year.
(2) Make a copy of a manifest described under this sectionavailable to the department upon request.
(3) Report annually to the department the number of waste tirestransported by the waste tire transporter.
(4) Maintain financial assurance acceptable to the departmentin accordance with subsection (b)(4).
(g) The commissioner may include in a certificate of registrationissued under this chapter conditions that ensure compliance with:
(1) this chapter; and
(2) rules adopted by the board under this chapter;
including a compliance schedule.
(h) The department may deny an application to register under thischapter if:
(1) the application is incomplete;
(2) the applicant has failed to comply with the requirements of:
(A) this chapter;
(B) IC 13-20-13; or
(C) a rule adopted by the board under section 6 of thischapter or under IC 13-20-13-11; 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.16.
IC 13-20-14-5.3
Retention and availability of manifests
Sec. 5.3. A person that is the source of more than twelve (12)waste tires per year, including tire retailers, auto salvagers, andsellers of used tires, shall:
(1) retain a copy of manifests received from a waste tiretransporter under section 5 of this chapter for at least one (1)year; and
(2) make a copy of the manifests available to the departmentupon request.
As added by P.L.93-1998, SEC.17.
IC 13-20-14-5.6
Revocation or modification of certificate of registration; appeal
Sec. 5.6. (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 violation of:
(A) a condition of the registration;
(B) this chapter; or
(C) a rule adopted by the board under section 6 of thischapter.
(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.18. Amended by P.L.1-1999, SEC.38.
IC 13-20-14-6
Rules
Sec. 6. The solid waste management board shall adopt rules underIC 4-22-2 and IC 13-14-8 to implement this chapter.
As added by P.L.1-1996, SEC.10.
IC 13-20-14-7
Removal and remedial actions
Sec. 7. (a) The commissioner may proceed in court, byappropriate action, to:
(1) compel a person responsible for the improper disposal 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. Amended by P.L.93-1998, SEC.19.
IC 13-20-14-8
Recovery of costs and damages
Sec. 8. The commissioner may proceed in the appropriate court torecover costs and damages from a person who:
(1) is responsible for the improper disposal of waste tires; and
(2) fails, without sufficient cause, to properly undertake aremoval or remedial action under section 7 of this chapter.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.20.
IC 13-20-14-9
Reserved
IC 13-20-14-9.5
Disposal by transfer station operators
Sec. 9.5. (a) Except as provided in rules adopted under subsection(c), an operator of a transfer station shall remove whole waste tirespresent in solid waste that is being transferred from a vehicle orcontainer to another vehicle or container at the transfer station.
(b) Whole waste tires removed by an operator of a transfer stationunder subsection (a) shall be disposed of as provided in this chapter.
(c) The solid waste management board shall adopt rules that allowfor the incidental transfer of small amounts of whole waste tiresunder subsection (a).
(d) The rules adopted under subsection (c) may allow a transferstation operator to meet the requirements of the rule by employingprocedures designed to achieve the objectives of subsection (c) inlieu of a numeric standard.
As added by P.L.123-1996, SEC.14.
IC 13-20-14-10
Disposal at a mineral extraction operation
Sec. 10. A person may dispose of a whole waste tire at a landexcavation associated with a mineral extraction operation if the:
(1) person:
(A) owns the whole waste tire; and
(B) owns or leases the disposal site; and
(2) waste tire:
(A) has a:
(i) bead width of at least fourteen (14) inches; and
(ii) rim or wheel diameter of at least twenty-four (24)inches;
(B) was used on:
(i) an off-road construction or mining vehicle; or
(ii) off-road construction or mining equipment; and
(C) is buried under at least twenty-five (25) feet ofcompacted cover.
As added by P.L.132-1997, SEC.2.