(a)
- (1) An individual who is a resident of a used tire program may discard no more than four (4) used tires of any size per month without an additional fee.
- (2) Agricultural businesses are considered individuals for purposes of this section.
(b) A used tire program may accept more than four (4) used tires of any size per month without an additional fee if:
(1) The used tires are collected as part of a cleanup effort by a:
- (A) Governmental entity;
- (B) Nonprofit entity; or
- (C) Volunteer group; and
(2) The used tire program documents in the e-manifest system:
- (A) The contact information for the entity or group;
- (B) The four (4) used tires of any size per month without an additional fee; and
- (C) The quantity of fee-waived tires.
(c) If the used tire program accepts fee-waived tires in excess of four (4) used tires of any size per month, the waiver must be reasonably based on all information available to the used tire program including:
- (1) Frequency that the person drops off more than four (4) tires per month;
- (2) Ability of the used tire program to manage the additional tires;
- (3) Risk of the tires being illegally dumped or stored if a fee is charged; or
- (4) Other facts and circumstances, including if the property owner discovered the used tires on the property and did not participate in the collection or storage of the used tires on the property.
- (d) A used tire program may require a person who is delivering fee-waived tires to give advanced notice so that a determination can be made as to whether the used tire program has the capacity to handle and process the fee-waived tires.
- (e) A used tire program may charge a fee to individuals who discard more than four (4) used tires of any size per month.
- (f) A used tire program may charge a fee for any tire that remains on the rim, regardless of the quantity, discarded by an individual.