Sec. 3.
(a) A person
using waste tires in a legitimate use specified in subsection (b) shall comply
with the following:
(1) The applicable
requirements in sections 6 through 10 of this rule.
(2) The legitimate use may not pose an
unreasonable threat to human health or the environment, as specified in section
1(b) of this rule.
(3) Waste tires
must be altered to prevent the accumulation of water.
(4) Other applicable federal, state, and
local laws, regulations, and ordinances pertaining to the specific
activity.
(b) A person
may use waste tires for the following legitimate uses without submitting an
application to the department:
(1) The use of
tire chips as an aggregate in soil absorption systems for on-site sewage
systems, in accordance with the following:
(A)
The on-site sewage system is approved by:
(i)
the Indiana department of health [sic, Indiana department of
health]; or
(ii) a local
health department that is authorized by the Indiana department of health
[sic, Indiana department of health].
(B) Any layer of tire chips may not be
thicker than ten (10) feet.
(2) The use of tire chips as playground mulch
that meets ASTM F3012-22*, Standard Specification for Loose-Fill Rubber for Use
as a Playground Safety Surface under and around Playground Equipment.
(3) The use of tire-derived crumb rubber as a
playing or recreational surface that meets ASTM F1292-18e1*, Standard
Specification for Impact Attenuation of Surfacing Materials Within the Use Zone
of Playground Equipment.
(4) The
use of tire-derived crumb rubber for athletic fields that are:
(A) size No. 6 through No. 200 mesh for crumb
rubber; and
(B) wire
free.
(5) The use of tire
chips for landscaping mulch that are:
(A) less
than two (2) inches in size for any dimension; and
(B) wire free.
(6) Rubber molded or extruded
products.
(7) Precision-cut,
precision-punched, or precision-stamped rubber products that qualify for sale
as consumer goods.
(8) Weights to
restrain a tarp or other cover material.
(9) The use of waste tire sidewalls as a base
for traffic barrels or cones.
(10)
Alternative fuel at a facility that is registered to accept waste tires as
alternative fuel under 329 IAC 11.7.
(11) Race track barriers.
(12) Base or bedding in dairy freestall
barns.
(13) A use of waste tires
that uses fewer than one hundred (100) PTEs.
*These documents are incorporated by reference. Copies may be
obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959 or are available for review at the Indiana
Department of Environmental Management, Office of Legal Counsel, Indiana
Government Center North, 100 North Senate Avenue, Thirteenth Floor,
Indianapolis, IN 46204.
