Authority: IC 13-14-8; IC 13-15-2; IC 13-19-3; IC 13-20-14-1

Affected: IC 13-20-14-1

Sec. 32. (a) IC 13-20-14-1 prohibits the disposal of whole waste tires in a municipal solid waste landfill, except as provided for in this section. The incidental disposal of small amounts of whole waste tires at a municipal solid waste landfill is allowed if the owner, operator, or permittee of that municipal solid waste landfill complies with one (1) of the following options:

1. (1) The numeric standard described in subsection (b).
2. (2) A procedure that meets the criteria in subsection (c).

(b) The numeric standard for incidental disposal of whole waste tires is no more than one (1) visible whole waste tire for each two hundred fifty (250) tons of municipal solid waste, or no more than two (2) tires per day for a municipal solid waste landfill that receives less than two hundred fifty (250) tons of waste per day.

(c) In lieu of complying with the numeric standard in subsection (b), an owner, operator, or permittee of a municipal solid waste landfill must develop and follow a written procedure. This procedure must:

1. (1) be kept at the municipal solid waste landfill with the operating record, or at an alternate location approved by the commissioner under section 8 of this rule;
2. (2) be designed to minimize the disposal of whole waste tires by ensuring that those tires that do not meet the definition of incidental disposal at 329 IAC 10-2-91.1 are removed from the municipal solid waste;
3. (3) designate by position and describe the duties of the person who is responsible for minimizing disposal of whole waste tires;
4. (4) provide clear instructions to municipal solid waste landfill employees who handle waste tires and haulers for handling whole waste tires;
5. (5) contain a system for identifying haulers who deliver whole waste tires to the municipal solid waste landfill and for notifying those haulers that the disposal of whole waste tires is prohibited;
6. (6) provide for proper storage and disposal or recycling of tires removed from municipal solid waste; and
7. (7) document reduction in the numbers of whole waste tires incidentally disposed of in that municipal solid waste landfill.

(d) Regardless of whether a numeric standard under subsection (b) or a procedure under subsection (c) is used, the owner, operator, or permittee shall not dispose of whole waste tires within ten (10) feet of:

1. (1) the methane gas venting layer of the final cover system under 329 IAC 10-22-6; or
2. (2) the bottom of the final cover under 329 IAC 10-22-7.

(Solid Waste Management Division; 329 IAC 10-20-32; filed Aug 25, 1997, 9:40 a.m.: 21 IR 75; errata filed Nov 6, 1997, 3:30 p.m.: 21 IR 1349; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed Aug 1, 2008, 10:28 a.m.: 20080827-IR-329080332BFA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)