The following conditions shall be considered in determining the appropriateness of proposed beneficial use project applications:

1. (1)

   1. (A) The level of engineering, technical detail, or both provided as compared to the complexity of the beneficial use project.
   2. (B) Relatively simple uses of the used tires for erosion control may require only a minimum amount of pre-project planning and construction drawing detail.
   3. (C) Projects that will use used tires in a manner that their failure could endanger life or damage property shall require more engineering effort and detail.
   4. (D) The Division of Environmental Quality may require detailed construction drawings and specifications that are signed and stamped by a registered professional engineer licensed in the State of Arkansas;

2. (2)

   1. (A) Availability or lack of availability of more cost effective, efficient, or dependable materials that could be used instead of the used tires.
   2. (B) This factor recognizes that in most cases, cost, efficiency, and dependability are important factors in the selection of materials to incorporate into a beneficial use project.

   3. (C)

      1. (i) When used tires are superior to other materials in these respects, incorporating them into the project is a reasonable alternative.
      2. (ii) When they are not, the legitimacy of their use cannot be substantiated;
3. (3) The probability of injury or damage should be balanced against the risk of environmental failure, structural failure, or both; and

4. (4)

   1. (A) Where used tires are proposed as a substitute for another material, the applicant shall demonstrate that the used tires will perform in a manner similar to the material for which it is substituted.

   2. (B)

      1. (i) In addition, if tire bales are used as structural members, a demonstration must be submitted showing that the tire bales exhibit adequate properties to perform as structural members.

      2. (ii) The demonstration may include:

         1. (a) (a) Previous projects where the tire bales performed satisfactorily under similar conditions;
         2. (b) (b) Literature describing similar installations; or
      3. (c) (c) Test data showing that the material meets required performance standards.