Authority: IC 13-19-1-2; IC 13-19-3-1; IC 13-19-3-1.3; IC 13-20-13-11

Affected: IC 13-11-2-146; IC 13-30-2-1; IC 36-9-30

Sec. 2. (a) A person is not subject to the applicable solid waste management requirements for waste tires under 329 IAC 10, 329 IAC 11, and this article, if the person:

1. (1) uses waste tires in a legitimate use as specified in section 3 of this rule or receives an approval from the commissioner under section 4 of this rule for the legitimate use of waste tires; and
2. (2) complies with the requirements of this rule for the legitimate use of waste tires.

(b) The commissioner may determine a legitimate use of waste tires to be an open dump, in accordance with IC 13-11-2-146, IC 13-30-2-1(4), and IC 13-30-2-1(5), for any of the following reasons:

1. (1) The legitimate use is no longer serving the purpose specified in section 3 of this rule or the approval issued under section 4 of this rule.
2. (2) The legitimate use is modified without the approval required under section 5(a)(2) of this rule.
3. (3) The legitimate use violates conditions of the legitimate use approval issued under section 4 of this rule.
4. (4) The legitimate use poses an unreasonable threat to human health or the environment, as specified in section 1(b) of this rule.

(c) If the commissioner determines that a legitimate use of waste tires is an open dump under subsection (b), the person using waste tires in the open dump shall remove and dispose of the waste tires in accordance with section 10 of this rule, unless the commissioner approves a modification under section 5(a)(2) of this rule.

(Solid Waste Management Division; 329 IAC 15-6-2; filed Nov 28, 2022, 10:42 a.m.: 20221228-IR-329170279FRA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR- 329230812RFA)