§ 30-20-1415. Waste Tire Monofills – Requirements

1. An owner or operator of a waste tire monofill shall, as specified by the commission by rule:
   1. Establish and maintain financial assurance;
   2. Register with the department;
   3. Affix a decal required pursuant to section 30-20-1417 (1) in the required location;
   4. Maintain a certificate of designation that contains an engineering design and operations plan, including a fire prevention and control plan, plan for emergency response, inventory reduction plan, and closure plan;
   5. Maintain records, including the manifests required by section 30-20-1417 (2), relating to the storage of waste tires;
   6. Submit an annual report to the department;
   7. Comply with the monofill’s certificate of designation;
   8. Comply with the commission’s rule on final disposal of waste tires;
   9. Complete and submit self-certification documentation as required by the department;
   10. On an annual basis, for every one waste tire received, end use at least two waste tires, or process at least two waste tires into tire-derived product; and
   11. Not place any waste tires into monofill storage after January 1, 2018, and close, or cause to be closed, the waste tire monofill by July 1, 2024.
2. A governing body having jurisdiction shall not grant an application for a landfill designated for the disposal only of tires. Nothing in this section limits modifications to existing landfills that accept waste tires.
3. After soliciting public comment, the department may issue a waiver relating to any requirement of this section; except that the department shall not issue a waiver of subsection (1)(j) or (1)(k) of this section to a waste tire monofill owner or operator unless the owner or operator has demonstrated that it has achieved a net reduction on an annual basis in the number of waste tires in the monofill or unless an emergency event of limited duration such as a fire or flood, as defined by the commission, has occurred.

Source: L. 2014: Entire part added, (HB 14-1352), ch. 351, p. 1591, § 1, effective July 1. L. 2019: (3) amended, (SB 19-198), ch. 402, p. 3563, § 5, effective August 2.