Current through September 18, 2024
Authority: IC 13-19-1-2; IC 13-19-3-1; IC 13-19-3-1.3; IC
13-20-13-11
Affected: IC 13-11-2-193.5; IC 13-14-13; IC 13-20-13-11; IC
13-20-14-6; IC 13-30-2; IC 25-31; IC 36-9-30
Sec. 4.
(a) For a
proposed legitimate use of waste tires that is not specified in section 3 of
this rule, a person shall obtain an approval from the commissioner in
accordance with this section before the person may use waste tires in the
legitimate use.
(b) A person that
intends to use waste tires for a legitimate use that is not specified in
section 3 of this rule must submit an application to the department for a
legitimate use of waste tires on a form provided by the department that
includes the following information:
(1) The
name, address, and contact information of the applicant.
(2) The location and address of the property
where the legitimate use is proposed.
(3) If the owner of the property where the
legitimate use is proposed is not the person submitting the application, the
following information:
(A) Name, address, and
contact information of the property owner.
(B) Written consent and signature from the
property owner.
(4) The
amount of waste tires in PTEs expected to be used for the legitimate
use.
(5) The sources of the waste
tires expected to be used for the legitimate use.
(6) The locations of waste tire storage areas
expected to be used for the legitimate use, if the locations are not at a
registered waste tire processing operation or waste tire storage
site.
(7) A detailed description of
the following:
(A) The legitimate
use.
(B) A justification for the
legitimate use of waste tires, including how the legitimate use:
(i) is a comparable substitute for an
analogous material normally used for the specified purpose;
(ii) achieves the specified purpose;
and
(iii) is commercially valuable
for an established or emerging market.
(C) How the person using waste tires in a
legitimate use will prevent nuisances during the legitimate use.
(8) Engineering diagrams, testing,
plans, or specifications for the legitimate use, if applicable for the
specified purpose.
(9) Plans for
the legitimate use as a structure or structural fill, including certification
from a professional engineer registered under IC 25-31, if applicable for the
specified purpose.
(10) Other
supporting documentation for the information required in this
subsection.
(c) The
commissioner shall consider the following to make a determination on an
application:
(1) The person has submitted a
complete and accurate application, in accordance with this section.
(2) The person complies with all applicable
requirements of this rule for the legitimate use of waste tires.
(3) Additional information the commissioner
deems necessary to verify the use is legitimate and does not pose a threat to
human health and the environment, that may include the following factors:
(A) The waste tires provide a functional
benefit.
(B) The waste tires are an
effective substitute for a natural or commercial material.
(C) The use meets relevant product
specifications or design standards.
(D) Design or analytical testing to
demonstrate that the use does not pose a threat.
(d) After review of the application, the
commissioner shall provide written notification to the applicant with one (1)
of the following determinations:
(1) Approval
of the application that may include specific conditions applicable to the
approved legitimate use.
(2)
Request for additional information for the application before making a
determination. Within thirty (30) days after the request for additional
information, the applicant shall do one (1) of the following:
(A) Withdraw the application with a written
notification to the commissioner.
(B) Submit the requested information or agree
to the requested changes.
(C)
Submit a written request and receive approval from the commissioner for an
extension of time to comply with the commissioner's request for additional
information.
(3) Denial
of the application, for one (1) or more of the following reasons:
(A) The application is incomplete.
(B) The applicant has failed to comply with
the requirements of this article.
(C) An enforcement action is pending against
the applicant.
(D) The proposed
legitimate use poses an unreasonable threat to human health or the environment,
as specified in section 1(b) of this rule.
(E) The applicant does not submit the
additional information that the commissioner requested under subdivision (2)
within thirty (30) days after the request.
(e) An application for a legitimate use must
be submitted as a paper copy unless the commissioner makes a determination that
a copy in an electronic format as prescribed by the commissioner and in
accordance with IC 13-14-13 is sufficient.
(f) The commissioner may require one (1) or
more of the following conditions for an approved legitimate use of waste tires:
(1) Notice of completion from the person that
uses waste tires in a legitimate use.
(2) Restrictive covenant as defined at IC
13-11-2-193.5.
(3) Any other
conditions as required by the commissioner to prevent threats to human health
and the environment in accordance with section 1(b) of this
rule.
(g) A legitimate
use approved under this section is valid for two (2) years from the initial
date of approval.
