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

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

Sec. 5. (a) During the term of a valid approval for a legitimate use of waste tires, the following requirements apply:

1. (1) If the contact information provided in the application changes, the person using waste tires in a legitimate use shall provide the updated information to the department not more than thirty (30) days after the information changes.

2. (2) A person using waste tires in an approved legitimate use that intends to modify the legitimate use shall do the following before implementing the modification:

   1. (A) Submit an updated application to the department for approval with the information required in section 4(b) of this rule that describes the modification.
   2. (B) Receive approval for the updated application from the commissioner.

(b) An approval for the legitimate use of waste tires issued under section 4 of this rule is not transferable to a different person.

(c) A person may renew an ongoing legitimate use approval of waste tires in accordance with the following:

1. (1) The person shall submit an updated application to the department for the ongoing legitimate use approval with the information required in section 4(b) of this rule not less than sixty (60) days before the expiration of the existing valid approval.
2. (2) The person shall not continue the legitimate use of waste tires until approval for the renewal has been received from the commissioner.

(d) A person that does not renew an ongoing legitimate use approval of waste tires in accordance with this section before the expiration date of the approval shall cease any activity pertaining to the legitimate use until the legitimate use approval is reissued.

(e) A legitimate use approval renewed under this section is valid for two (2) years from the date of renewal. The legitimate use approval may be renewed for a longer period, not to exceed five (5) years, under the following conditions:

1. (1) An enforcement action is pending against the person applying for renewal.
2. (2) The person applying for renewal has maintained compliance with their current legitimate use approval.
3. (3) The person can demonstrate that there is an established market for the legitimate use.

(Solid Waste Management Division; 329 IAC 15-6-5; filed Nov 28, 2022, 10:42 a.m.: 20221228-IR- 329170279FRA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)