The following uses of used tires may be exempted from the review and approval requirements of this subpart as determined by the Division of Environmental Quality on a case-by-case basis:

1. (1) A person who owns or leases real property may use five hundred (500) or less used tires for soil erosion control, drainage improvements, or to secure covers over:

   1. (A) Silage;
   2. (B) Hay;
   3. (C) Straw; or
   4. (D) Agricultural products;
2. (2) The use of used tire chips as leachate collection media under solid waste landfills in place of traditional aggregate, if the proposed beneficial use is approved during the permitting process or subsequent modifications;
3. (3) The use of used tire chips in on-site wastewater soil absorption systems in place of traditional aggregate if the material meets Department of Health specifications and guidelines;
4. (4) The use of shredded used tires, baled tires, or crumb rubber in road or highway construction projects if beneficial use projects are conducted by, in association with, or under the guidance of the Arkansas Department of Transportation or other roadway authority, as applicable; and

5. (5) Suitable processed used tire materials may be used in the construction of daily cover systems for all landfills if the use is:

   1. (A) Authorized by the division;
   2. (B) Shown to not present a threat to human health and the environment; and

   3. (C) Shown to control:

      1. (i) Disease vectors;
      2. (ii) Fires;
      3. (iii) Odors;
      4. (iv) Blowing litter; or
      5. (v) Scavenging.