CHAPTER 13. REGULATION OF WASTE TIRE STORAGE SITES; WASTE TIRE MANAGEMENT FUND
IC 13-20-13
Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire
Management Fund
IC 13-20-13-1
Applicability of certificate of registration provisions
Sec. 1. The provisions of this chapter concerning waste tire
storage site and waste tire processing operation certificates of
registration do not apply to the following:
(1) A facility operated as a recycling facility under a valid
permit issued by the commissioner.
(2) A site at which waste tires are stored under a recycling
program approved by the commissioner.
(3) The site of a facility that is used to retread tires at which
fewer than five thousand (5,000) waste tires are present indoors
within a completely enclosed structure.
(4) A vehicle or container in which waste tires are stored for
less than thirty (30) days.
(5) A vehicle that is properly licensed, capable of legally
transporting waste tires, and in which waste tires are completely
enclosed.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.4.
IC 13-20-13-1.5
Manner of storage of waste tires
Sec. 1.5. A person that stores waste tires shall do so in a manner
that:
(1) does not pose a threat to human health or the environment;
(2) does not pose a fire hazard; and
(3) controls vectors that pose a threat to human health.
As added by P.L.93-1998, SEC.5.
IC 13-20-13-2
Necessity of registration or certificate
Sec. 2. A person may not create or maintain a waste tire storage
site or waste tire processing operation unless the person:
(1) has registered the waste tire storage site or waste tire
processing operation under this chapter or IC 13-7-23 (before
its repeal); and
(2) holds a valid certificate of registration issued under section
3 of this chapter or IC 13-7-23-7 (before its repeal).
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.6.
IC 13-20-13-3
Certificate of registration
Sec. 3. (a) The commissioner shall issue a waste tire storage site
or waste tire processing operation certificate of registration to a
person that owns or operates a waste tire storage site or waste tire
processing operation if the person complies with the requirements of
this chapter and rules adopted by the board under section 11 of this
chapter.
(b) A certificate of registration issued under this section expires
five (5) years after the date the certificate is issued.
(c) The commissioner may include in a certificate of registration
issued under this section conditions that ensure compliance with:
(1) this chapter; and
(2) rules adopted by the board under this chapter;
including a compliance schedule.
(d) The department may deny an application for a certificate of
registration under this chapter if:
(1) the application is incomplete;
(2) the applicant has failed to comply with the requirements of:
(A) this chapter;
(B) IC 13-20-14; or
(C) a rule adopted by the board under section 11 of this
chapter or under IC 13-20-14-6; or
(3) an enforcement action is pending against the applicant.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.7.
IC 13-20-13-4
Prerequisites to certificate of registration; deposit of fees
Sec. 4. (a) To apply for a certificate of registration under section
3 of this chapter, a person must submit the following to the
department:
(1) A description of the location of the:
(A) waste tire storage site; or
(B) waste tire processing operation.
(2) A description of buildings, signs, notices, and alarms to be
used:
(A) on the waste tire storage site; or
(B) in connection with the waste tire processing operation.
(3) A description of the management program for the waste tire
storage site or waste tire processing operation, including
emergency measures to be used on the site or at the operation.
(4) If the person who applies for the certificate of registration
does not own the property where the waste tires will be stored
or processed, the signature of the person who owns the
property.
(5) If a person is to operate a waste tire storage site, a
description of evidence of financial assurance to be maintained
by the person under rules adopted by the board under section 11
of this chapter.
(6) A fee in an amount determined by the board.
(7) Other information reasonably requested by the department.
(b) The department shall deposit the fee submitted under
subsection (a)(6) in the waste tire management fund established by
this chapter.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.8.
IC 13-20-13-5
Duties of certificate of registration holders
Sec. 5. A person that obtains a certificate of registration under
section 3 of this chapter must do the following:
(1) Report annually to the department on the following:
(A) The number of waste tires received at the waste tire
storage site or by the waste tire processing operation.
(B) The number and manner of disposal of the waste tires.
(2) Maintain contingency plans to protect public health and the
environment.
(3) If the person operates a waste tire storage site, maintain
financial assurance acceptable to the department necessary for
waste tire removal, in an amount specified in rules adopted by
the board under section 11(b)(3) of this chapter.
(4) Maintain a copy of the certificate of registration at the site.
(5) Comply with applicable rules and requirements established
by the fire prevention and building safety commission for
indoor waste tire storage sites.
(6) Retain a copy of manifests received from a waste tire
transporter under IC 13-20-14 for at least one (1) year and make
a copy of the manifests available to the department upon
request.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.9.
IC 13-20-13-5.5
Revocation or modification of certificate of registration; appeal
Sec. 5.5. (a) A certificate of registration issued by the department
under this chapter may be revoked or modified by the commissioner,
or by a designated staff member of the department, after notification
in writing is sent by certified mail to the holder of the certificate for:
(1) failure to disclose all relevant facts;
(2) making a misrepresentation in obtaining the registration; or
(3) failure to correct, within the time established by the
department:
(A) a violation of a condition of the registration; or
(B) a violation of this chapter or a rule adopted by the board
under section 11 of this chapter.
(b) A person aggrieved by the revocation or modification of a
certificate of registration may appeal the revocation or modification
to the office of environmental adjudication under IC 4-21.5-7.
Pending the decision resulting from a hearing under IC 4-21.5-3
concerning the revocation or modification, the registration remains
in force. However, subsequent to revocation or modification, the
commissioner may seek injunctive relief concerning the activity
described in the registration.
As added by P.L.93-1998, SEC.10. Amended by P.L.1-1999, SEC.36.
IC 13-20-13-6
Inspection program
Sec. 6. (a) The department shall operate a waste tire storage site
and waste tire processing operation inspection program.
(b) A person that obtains a certificate of registration under section
3 of this chapter must allow the department access to the waste tire
storage site or waste tire processing operation at reasonable times to
inspect for potential violations of:
(1) this chapter; or
(2) rules adopted under this chapter.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.11.
IC 13-20-13-7
New replacement tire and new vehicle sales fees
Sec. 7. (a) A fee of twenty-five cents ($0.25) is imposed on the
sale of the following:
(1) Each new tire that is sold at retail.
(2) Each new tire mounted on a new vehicle sold at retail.
(b) The person that sells the new tire or vehicle at retail to the
ultimate consumer of the tire or vehicle shall collect the fee imposed
by this section.
(c) A person that collects a fee under subsection (b):
(1) shall pay the fees collected under subsection (b):
(A) to the department of state revenue; and
(B) at the same time and in the same manner that the person
pays the state gross retail tax collected by the person to the
department of state revenue;
(2) shall indicate on the return:
(A) prescribed by the department of state revenue; and
(B) used for the payment of state gross retail taxes;
that the person is also paying fees collected under subsection
(b); and
(3) is entitled to deduct and retain one percent (1%) of the fees
required to be paid to the department of state revenue under this
subsection.
(d) The department of state revenue shall deposit fees collected
under this section in the waste tire management fund established by
this chapter.
As added by P.L.1-1996, SEC.10.
IC 13-20-13-8
Waste tire management fund; establishment; purposes; sources of
revenue
Sec. 8. (a) Except as provided in subsection (d)(2), (d)(3), (d)(6),
and (d)(7), the waste tire management fund is established for the
following purposes:
(1) The department may use not more than thirty-five percent
(35%) of the money deposited in the fund each year for:
(A) the removal and disposal of waste tires from sites where
the waste tires have been disposed of improperly; and
(B) operating the waste tire education program under section
15 of this chapter.
(2) The department may use the remaining money deposited in
the fund each year to:
(A) provide grants and loans under section 9(b) of this
chapter to entities involved in waste tire management
activities; and
(B) pay the expenses of administering the programs
described in:
(i) subdivision (1)(B); and
(ii) clause (A).
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(d) Sources of money for the fund are the following:
(1) Fees paid under section 4(a)(6) of this chapter and
IC 13-20-14-5(e).
(2) Fees collected under section 7 of this chapter. All money
deposited in the fund under this subdivision may be used by the
department for waste reduction, recycling, removal, or
remediation projects.
(3) Costs and damages recovered from a person or other entity
under section 14 of this chapter or IC 13-20-14-8. All money
deposited in the fund under this subdivision may be used by the
department for removal and remediation projects.
(4) Fees established by the general assembly for the purposes of
this chapter.
(5) Appropriations made by the general assembly.
(6) Gifts and donations intended for deposit in the fund. A gift
or donation deposited in the fund under this subdivision may be
specified to be entirely for the use of the department.
(7) Civil penalties collected under IC 13-30-4 for violations of:
(A) this chapter;
(B) IC 13-20-14; and
(C) rules adopted under section 11 of this chapter and
IC 13-20-14-6.
All money deposited in the fund under this subdivision may be
used by the department for eligible projects.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.12;
P.L.1-1999, SEC.37; P.L.1-2006, SEC.202; P.L.204-2007, SEC.14.
IC 13-20-13-9
Waste tire management fund; use of funds
Sec. 9. (a) The department may use money in the fund to assist the
department in:
(1) removing waste tires from sites where waste tires have been
disposed of improperly;
(2) properly managing waste tires;
(3) performing surveillance and enforcement activities used to
implement proper waste tire management; and
(4) conducting the waste tire education program under section
15 of this chapter.
(b) The department may use money in the fund to provide grants
and loans to entities to establish and operate programs involving the
following:
(1) Recycling or reuse of waste tires.
(2) Using waste tires as a source of fuel.
(3) Developing markets for waste tires and products containing
recycled or reused waste tires.
(c) The department may adopt rules under IC 4-22-2 necessary to
implement this section.
As added by P.L.1-1996, SEC.10. Amended by P.L.1-2006, SEC.203;
P.L.204-2007, SEC.15.
IC 13-20-13-10
Annual report
Sec. 10. (a) The department shall report annually to the governor
and the general assembly on the following:
(1) Waste tire management as required by this chapter.
(2) The status of the waste tire management fund.
(3) The status of programs funded by the fund.
(b) A report issued by the department under this section may
include recommendations for revisions to waste tire management
programs.
(c) Before the department may issue a report under this section,
the department must solicit public comment on the report.
(d) A report issued by the department under this section to the
general assembly must be in an electronic format under IC 5-14-6.
As added by P.L.1-1996, SEC.10. Amended by P.L.28-2004,
SEC.122.
IC 13-20-13-11
Adoption of rules
Sec. 11. (a) The board shall adopt rules under IC 4-22-2 and
IC 13-14-8 necessary to implement this chapter.
(b) The rules adopted under this section must include the
following:
(1) Requirements for the registration of waste tire storage sites
and waste tire processing operations.
(2) Requirements concerning the following:
(A) The operation of waste tire storage sites and waste tire
processing operations.
(B) Proper storage and processing of waste tires.
(C) Contingency plans concerning the minimization of
hazards to human health and the environment at waste tire
storage sites and waste tire processing operations.
(D) Record keeping guidelines concerning the quantity of
waste tires stored and processed at waste tire storage sites
and waste tire processing operations.
(3) Financial assurance acceptable to the department necessary
for waste tire removal that a person that operates a waste tire
storage site must maintain.
(4) The establishment of the fee required by section 4(a)(4) of
this chapter in an amount necessary to cover the costs incurred
in the following:
(A) Registering waste tire storage sites and waste tire
processing operations under this chapter.
(B) Administering this chapter.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.13.
IC 13-20-13-12
Certain storage facilities; waste tires not solid waste
Sec. 12. A waste tire that is stored at a facility that:
(1) does not process waste tires; or
(2) processes waste tires by cutting or shredding the waste tires;
is not solid waste if the facility is registered under this chapter and
the waste tires are stored in accordance with this chapter and rules
adopted under this chapter.
As added by P.L.1-1996, SEC.10.
IC 13-20-13-13
Removal and remedial actions
Sec. 13. (a) The commissioner may proceed in court, by
appropriate action, to:
(1) compel a person responsible for the improper storage of
waste tires to undertake a removal or remedial action with
respect to the waste tires; or
(2) obtain an order to enter upon private or public property to
carry out a removal or remedial action with respect to the waste
tires if the commissioner cannot identify or locate another
person responsible for carrying out the removal or remedial
action who:
(A) is willing to carry out the removal or remedial action and
is capable of doing so; or
(B) can be compelled to carry out the removal or remedial
action under subdivision (1).
(b) The commissioner may issue an administrative order for the
purpose set forth in subsection (a)(1).
As added by P.L.1-1996, SEC.10.
IC 13-20-13-14
Recovery of costs and damages
Sec. 14. The commissioner may proceed in the appropriate court
to recover costs and damages from a person who:
(1) is responsible for the improper storage of waste tires; and
(2) fails, without sufficient cause, to properly undertake a
removal or remedial action under section 13 of this chapter.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.14.
IC 13-20-13-15
Education program
Sec. 15. The department shall operate a waste tire education
program to inform the public concerning the following issues:
(1) Proper waste tire management procedures.
(2) Methods to minimize the production of waste tires,
including information concerning the advantages of using
retreaded tires.
As added by P.L.1-1996, SEC.10.
IC 13-20-13-16
Repealed
(Repealed by P.L.93-1998, SEC.21.)
IC 13-20-13-17
Criminal penalty for application misstatement
Sec. 17. A person who, with intent to defraud, knowingly or
intentionally makes a material misstatement in connection with an
application for a loan or grant from the fund commits a Class D
felony.
As added by P.L.137-2007, SEC.18.