CHAPTER 14. DISPOSAL OF WASTE TIRES
IC 13-20-14
Chapter 14. Disposal of Waste Tires
IC 13-20-14-1
Disposal at solid waste landfills
Sec. 1. (a) Except as provided in:
(1) rules adopted under subsection (d); and
(2) section 10 of this chapter;
a whole waste tire may not be disposed of at a solid waste landfill.
(b) The department may approve shredded or ground up tires for
use as daily cover for a solid waste landfill.
(c) Material approved under subsection (b) is exempt from
IC 13-20-22 and IC 13-21-13.
(d) The solid waste management board shall adopt rules that allow
for the incidental disposal of small amounts of whole waste tires at
solid waste landfills.
(e) The rules adopted under subsection (d) may allow a landfill
operator to meet the requirements of the rule by employing
procedures designed to achieve the objectives of subsection (d) in
lieu of a numeric standard.
As added by P.L.1-1996, SEC.10. Amended by P.L.123-1996,
SEC.13; P.L.132-1997, SEC.1.
IC 13-20-14-2
Notices in retail tire establishments
Sec. 2. (a) In each retail establishment in which a retailer sells
new tires, the retailer shall post in a conspicuous place a written
notice that bears the following statements:
"Do not put waste tires in the trash."
"Recycle your waste tires."
"State law requires us to accept your waste tires for recycling or
proper disposal if you purchase new tires from us.".
(b) A notice required by this section must be at least eight and
one-half (8.5) inches wide and eleven (11) inches high.
(c) A person who knowingly violates this section commits a Class
C infraction.
As added by P.L.1-1996, SEC.10.
IC 13-20-14-3
Acceptance of waste tires by retailers on sale of new tires
Sec. 3. (a) A retailer who sells new tires to a person shall accept
waste tires that the person presents to the retailer at the place where
possession of the new tires is transferred to the person.
(b) The number of waste tires that a retailer is required to accept
from a person under this section is equal to the number of new tires
that the retailer sells to the person.
As added by P.L.1-1996, SEC.10.
IC 13-20-14-4
Disposal by source of waste tires
Sec. 4. (a) A source of waste tires shall dispose of waste tires in
the source's possession by one (1) or more of the following means:
(1) Delivery to a wholesaler or to an agent of a wholesaler.
(2) Delivery to a manufacturer of tires.
(3) Delivery to a facility that:
(A) recycles tires; or
(B) collects tires for delivery to a recycling facility.
(4) Delivery to a permitted final disposal facility regulated
under environmental management laws.
(5) Delivery to a waste tire storage site.
(6) Delivery to a facility operated as a waste tire cutting facility
under a permit issued by the commissioner.
(7) Delivery to a registered waste tire transporter or a person
who operates a municipal waste collection and transportation
vehicle licensed under IC 13-20-4.
(b) A person referred to in subsection (a) is not required to accept
waste tires from a source of waste tires.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.15.
IC 13-20-14-5
Waste tire transporters; registration; manifest forms; fees;
retention and furnishing of manifest copies
Sec. 5. (a) This section does not apply to a person who operates
a municipal waste collection and transportation vehicle licensed
under IC 13-20-4.
(b) A person may not act as a waste tire transporter unless the
person is registered with the department as a waste tire transporter.
To apply for a certificate of registration as a waste tire transporter,
a person must submit the following to the department:
(1) The person's name.
(2) The address of the person's principal office.
(3) The addresses of any offices maintained by the person in
Indiana.
(4) Evidence of financial assurance, maintained in accordance
with rules adopted under section 6 of this chapter, in the amount
of at least ten thousand dollars ($10,000). The financial
assurance must be in the form of:
(A) a bond for performance, executed by a corporate surety
licensed to do business in Indiana;
(B) a negotiable certificate of deposit; or
(C) a negotiable letter of credit;
payable to the department and conditional upon faithful
performance of the requirements of this chapter and the
registration.
(c) The rules adopted under section 6 of this chapter must adopt
a manifest form and require a waste tire transporter to prepare and
carry a manifest based upon that form each time a waste tire
transporter transports waste tires. The format and wording of the
form must require a waste tire transporter to enter information in
each manifest indicating the source and number of waste tires to be
transported and the destination to which the waste tires are
transported.
(d) Until the rules prescribing a manifest form are adopted under
subsection (c), a waste tire transporter may use a manifest form
designed by the waste tire transporter. A form designed and used
under this subsection must meet the format and wording
requirements set forth in subsection (c).
(e) A person who acts as a waste tire transporter in Indiana shall
pay an annual registration fee of twenty-five dollars ($25) that shall
be deposited in the waste tire management fund and appropriated to
the department for the department's use in providing for the removal
and disposal of waste tires from sites where the waste tires have been
disposed of improperly.
(f) A waste tire transporter shall do the following:
(1) Retain a copy of a manifest described under this section for
at least one (1) year.
(2) Make a copy of a manifest described under this section
available to the department upon request.
(3) Report annually to the department the number of waste tires
transported by the waste tire transporter.
(4) Maintain financial assurance acceptable to the department
in accordance with subsection (b)(4).
(g) The commissioner may include in a certificate of registration
issued under this chapter conditions that ensure compliance with:
(1) this chapter; and
(2) rules adopted by the board under this chapter;
including a compliance schedule.
(h) The department may deny an application to register 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 13-20-13; or
(C) a rule adopted by the board under section 6 of this
chapter or under IC 13-20-13-11; 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.16.
IC 13-20-14-5.3
Retention and availability of manifests
Sec. 5.3. A person that is the source of more than twelve (12)
waste tires per year, including tire retailers, auto salvagers, and
sellers of used tires, shall:
(1) retain a copy of manifests received from a waste tire
transporter under section 5 of this chapter for at least one (1)
year; and
(2) make a copy of the manifests available to the department
upon request.
As added by P.L.93-1998, SEC.17.
IC 13-20-14-5.6
Revocation or modification of certificate of registration; appeal
Sec. 5.6. (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 violation of:
(A) a condition of the registration;
(B) this chapter; or
(C) a rule adopted by the board under section 6 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.18. Amended by P.L.1-1999, SEC.38.
IC 13-20-14-6
Rules
Sec. 6. The solid waste management board shall adopt rules under
IC 4-22-2 and IC 13-14-8 to implement this chapter.
As added by P.L.1-1996, SEC.10.
IC 13-20-14-7
Removal and remedial actions
Sec. 7. (a) The commissioner may proceed in court, by
appropriate action, to:
(1) compel a person responsible for the improper disposal 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. Amended by P.L.93-1998, SEC.19.
IC 13-20-14-8
Recovery of costs and damages
Sec. 8. The commissioner may proceed in the appropriate court to
recover costs and damages from a person who:
(1) is responsible for the improper disposal of waste tires; and
(2) fails, without sufficient cause, to properly undertake a
removal or remedial action under section 7 of this chapter.
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.20.
IC 13-20-14-9
Reserved
IC 13-20-14-9.5
Disposal by transfer station operators
Sec. 9.5. (a) Except as provided in rules adopted under subsection
(c), an operator of a transfer station shall remove whole waste tires
present in solid waste that is being transferred from a vehicle or
container to another vehicle or container at the transfer station.
(b) Whole waste tires removed by an operator of a transfer station
under subsection (a) shall be disposed of as provided in this chapter.
(c) The solid waste management board shall adopt rules that allow
for the incidental transfer of small amounts of whole waste tires
under subsection (a).
(d) The rules adopted under subsection (c) may allow a transfer
station operator to meet the requirements of the rule by employing
procedures designed to achieve the objectives of subsection (c) in
lieu of a numeric standard.
As added by P.L.123-1996, SEC.14.
IC 13-20-14-10
Disposal at a mineral extraction operation
Sec. 10. A person may dispose of a whole waste tire at a land
excavation associated with a mineral extraction operation if the:
(1) person:
(A) owns the whole waste tire; and
(B) owns or leases the disposal site; and
(2) waste tire:
(A) has a:
(i) bead width of at least fourteen (14) inches; and
(ii) rim or wheel diameter of at least twenty-four (24)
inches;
(B) was used on:
(i) an off-road construction or mining vehicle; or
(ii) off-road construction or mining equipment; and
(C) is buried under at least twenty-five (25) feet of
compacted cover.
As added by P.L.132-1997, SEC.2.