Authority: IC 13-19-3-1; IC 13-20-14-6

Affected: IC 13-20-14; IC 13-30-2; IC 36-9-30

Sec. 2. (a) A waste tire transporter shall maintain financial assurance in the amount of at least ten thousand dollars ($10,000). The financial assurance instrument must be:

1. (1) submitted on forms provided by the department;

2. (2) in the form of a:

   1. (A) bond for performance, executed by a corporate surety licensed to do business in Indiana, in accordance with section 9 of this rule;
   2. (B) negotiable certificate of deposit in accordance with section 10 of this rule; or
   3. (C) negotiable letter of credit in accordance with section 11 of this rule; and

3. (3) payable to the department and conditional upon compliance with:

   1. (A) IC 13-20-14; and
   2. (B) this article.

(b) The waste tire transporter shall:

1. (1) fund the financial assurance mechanism before the initial transport of waste tires; and
2. (2) maintain the financial assurance mechanism until the department releases the waste tire transporter from financial assurance in accordance with section 12(b) of this rule.

(c) If changes to the provisions of an established and previously approved financial assurance mechanism are required by the department or requested by the waste tire transporter, the changes may be made without:

1. (1) establishing a new financial assurance mechanism; or
2. (2) updating to the most recent financial assurance forms.

This subsection does not preclude any requirement in this rule to establish a different financial assurance mechanism or change the provider of financial assurance.

(Solid Waste Management Division; 329 IAC 15-5-2; filed Oct 10, 2000, 3:10 p.m.: 24 IR 329; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA; filed Nov 28, 2022, 10:42 a.m.: 20221228-IR-329170279FRA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR- 329230812RFA)