1. (1) "Abandoned waste tire pile" means a waste tire pile that the local department of health has not been able to:

   1. (a) locate the persons responsible for the tire pile; or
   2. (b) cause the persons responsible for the tire pile to remove the tire pile.

2. (2) "Beneficial use" means the use of chipped tires in a manner that is not recycling, storage, or disposal, but that serves as a replacement for another product or material for specific purposes.

   1. (a) "Beneficial use" includes the use of chipped tires:

      1. (i) as daily landfill cover;
      2. (ii) for civil engineering purposes;
      3. (iii) as low density, light weight aggregate fill; or
      4. (iv) for septic or drain field construction.

   2. (b) "Beneficial use" does not include the use of waste tires for material derived from waste tires:

      1. (i) in the construction of fences; or
      2. (ii) as fill, other than low density, light weight aggregate fill.
3. (3) "Chip" or "chipped tire" means a two-inch square or smaller piece of a waste tire.

4. (4) "Demonstrated market" or "market" means the legal transfer of ownership of material derived from waste tires between a willing seller and a willing buyer meeting the following conditions:

   1. (a) total control of the material derived from waste tires is transferred from the seller to the buyer;
   2. (b) the transfer of ownership and control is an "arms length transaction" between a seller and a buyer who have no other business relationship or responsibility to each other;
   3. (c) the transaction is done under contract that is documented and verified by orders, invoices, and payments; and
   4. (d) the transaction is at a price dictated by current economic conditions.
   5. (e) the possibility or potential of sale does not constitute a demonstrated market.
5. (5) "Shredded waste tires" means waste tires or material derived from waste tires that has been reduced to a six-inch square or smaller.

6. (6) "Waste tire" means:

   1. (a) a tire that is no longer suitable for the tire's original intended purpose because of wear, damage, or defect; or
   2. (b) a tire that a tire retailer removes from a vehicle for replacement with a new or used tire.

7. (7) "Waste tire generator" means a person, an individual, or an entity that may cause waste tires to enter the waste stream. A waste tire generator may include:

   1. (a) a tire dealer, a car dealer, a trucking company, an owner or operator of an auto salvage yard, or other person, individual, or entity that removes or replaces tires on a vehicle; or
   2. (b) a tire dealer, a car dealer, a trucking company, an owner or operator of an auto salvage yard, a waste tire transporter, a waste tire recycler, a waste tire processor, a waste tire storage facility, or a disposal facility that receives waste tires from a person, an individual, or an entity.
8. (8) "Waste tire pile" means a pile of 200 or more waste tires at one location.

Terms used in Rule R315-320 are defined in Sections R315-301-2 and 19-6-803. In addition, for Rule R315-320, the following definitions apply:

KEY: solid waste management, waste disposal

Date of Last Change: April 15, 2024

Notice of Continuation: November 30, 2022

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-819