R315-301-4. Prohibition of Illegal Disposal or Incineration of Solid Waste

(1) No person shall incinerate, burn, or otherwise dispose of any solid waste in any place except at a facility that is in compliance with the requirements of Rules R315-301 through R315-322 and other applicable rules. (2) If any solid waste is disposed in a manner not in compliance with the requirements of Rules R315-301 through R315-322, or other applicable rules, the property owner of the disposal site or the person responsible for the illegal disposal or both: (a) shall remove the solid waste from the illegal disposal site to a permitted solid waste disposal facility and, if necessary, shall remediate the site; or (b) shall apply for a permit from the director and shall meet each of the following: (i) submit the required permit application in the time frame specified by the director and respond promptly to any requests for information from the director related to the permit application; (ii) shall immediately meet the operational monitoring and waste handling criteria of Rules R315-301 through R315-322; and (iii) shall follow the requirements of Subsection R315-301-4(2)(a) if a permit is not granted. (3) Any person disposing of solid waste in a manner not in compliance with the requirements of Rules R315-301 through R315-322, or other applicable rules, may be subject to enforcement action in addition to meeting the requirements of Subsection R315-301-4(2). (4) If deposition or disposal of the following materials does not cause a hazard to human health or the environment or cause a public nuisance, the requirements of Rules R315-301 through R315-322 do not apply to: (a) inert waste used as fill material; (b) the disposal of mine tailings and overburden at the site of generation; (c) the disposal of vegetative material generated as a result of land clearing; (d) the disposal of vegetative agricultural waste; (e) the following waste if managed at a facility that is solely for recycling, reuse, or reprocessing: (i) fly ash waste; (ii) bottom ash waste; (iii) slag waste; (iv) flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels; or (f) the following wastes if disposal occurs at an on-site location owned and operated by the generator: (i) waste from the extraction, beneficiation, and processing of ores and minerals listed in Subsection R315-261-4(b)(7)(ii); or (ii) cement kiln dust.