The use of loose, baled, or processed waste tires for structural or construction purposes is allowed without obtaining a solid waste storage permit if:

1. (1) The construction project is completed within six months of receiving the first load of tires;
2. (2) Waste tires not used for the project are disposed of within 30 days of completion of the project and in a manner consistent with this chapter; and

3. (3) The use is stated in and is in accordance with § 74:27:22:04.

   Any tire from a structure that becomes loose or no longer serves its original intended purpose is considered a waste tire and is subject to the requirements of this chapter. Baled tires are considered waste tires until they have been approved for use by the department according to this chapter.

Source: 25 SDR 44, effective September 28, 1998; 31 SDR 107, effective January 31, 2005.

General Authority: SDCL 34A-6-1.6 , 34A-6-87.1.

Law Implemented: SDCL 34A-6-1.6 , 34A-6-87.1.