1. (1) No person shall incinerate, burn, or otherwise dispose of any solid waste in any place except at a facility that is in compliance with the requirements of Rules R315-301 through R315-322 and other applicable rules.

2. (2) If any solid waste is disposed in a manner not in compliance with the requirements of Rules R315-301 through R315-322, or other applicable rules, the property owner of the disposal site or the person responsible for the illegal disposal or both:

   1. (a) shall remove the solid waste from the illegal disposal site to a permitted solid waste disposal facility and, if necessary, shall remediate the site; or

   2. (b) shall apply for a permit from the director and shall meet each of the following:

      1. (i) submit the required permit application in the time frame specified by the director and respond promptly to any requests for information from the director related to the permit application;
      2. (ii) shall immediately meet the operational monitoring and waste handling criteria of Rules R315-301 through R315-322; and
      3. (iii) shall follow the requirements of Subsection R315-301-4(2)(a) if a permit is not granted.
3. (3) Any person disposing of solid waste in a manner not in compliance with the requirements of Rules R315-301 through R315-322, or other applicable rules, may be subject to enforcement action in addition to meeting the requirements of Subsection R315-301-4(2).

4. (4) If deposition or disposal of the following materials does not cause a hazard to human health or the environment or cause a public nuisance, the requirements of Rules R315-301 through R315-322 do not apply to:

   1. (a) inert waste used as fill material;
   2. (b) the disposal of mine tailings and overburden at the site of generation;
   3. (c) the disposal of vegetative material generated as a result of land clearing;
   4. (d) the disposal of vegetative agricultural waste;

   5. (e) the following waste if managed at a facility that is solely for recycling, reuse, or reprocessing:

      1. (i) fly ash waste;
      2. (ii) bottom ash waste;
      3. (iii) slag waste;
      4. (iv) flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels; or

   6. (f) the following wastes if disposal occurs at an on-site location owned and operated by the generator:

      1. (i) waste from the extraction, beneficiation, and processing of ores and minerals listed in Subsection R315-261-4(b)(7)(ii); or
      2. (ii) cement kiln dust.

KEY: self-inspections, solid waste management, solid waste disposal

Date of Last Change: October 15, 2024

Notice of Continuation: November 30, 2022

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-108; 19-6-109; 40 CFR 258