329 IAC 15-6-6 Storage of waste tires for legitimate use

Sec. 6. (a) A person may store waste tires for a legitimate use at the following locations: (1) A registered waste tire processing operation or waste tire storage site, in accordance with this article. (2) A location other than a registered waste tire processing operation or waste tire storage site, in accordance with subsection (b). (b) A person storing waste tires for a legitimate use at a location other than a registered waste tire processing operation or waste tire storage site shall comply with the following requirements: (1) All wastewater from the waste tires stored for a legitimate use must be discharged in accordance with the requirements at 327 IAC 5 and 327 IAC 15. (2) A person storing waste tires for a legitimate use may not do any of the following: (A) Pose an unreasonable threat to human health or the environment. (B) Create a nuisance. (C) Allow or perform an act prohibited under IC 13-30-2-1. (D) Store waste tires in areas of standing water. (3) A person storing waste tires for a legitimate use shall take actions required to: (A) prevent the breeding of mosquitoes and other disease vectors; and (B) control any population of mosquitoes and other disease vectors. (4) A person storing waste tires for a legitimate use shall prevent water from accumulating in the waste tires by doing the following: (A) Drain the waste tires: (i) on the day of receipt; and (ii) as necessary thereafter to prevent accumulation of water in the waste tires. (B) Store the waste tires in a manner that prevents accumulation of water in the waste tires. (5) A person may not store waste tires for a legitimate use for more than forty-five (45) days prior to use, except for one (1) or more of the following situations: (A) An extension is approved in writing by the commissioner. (B) An alternative timeframe is included in the legitimate use approval. (C) The person storing waste tires for legitimate use is issued a certificate of registration for a waste tire storage site under 329 IAC 15-3-8 and complies with the applicable requirements of this article for a registered waste tire storage site. (c) If a person storing waste tires for a legitimate use in accordance with subsection (b) accumulates more than the amount of PTEs specified in IC 13-11-2-251, the person shall: (1) apply for a certificate of registration for a waste tire storage site; and (2) cease accumulation of additional waste tires until the commissioner issues a certificate of registration to the person storing waste tires for a legitimate use.