R315-320-3. Landfilling of Waste Tires and Material Derived from Waste Tires

  (1) Disposal of waste tires or material derived from waste tires is prohibited except as allowed by Subsection R315-320-3(2) or (3).

  (2) Landfilling of Whole Tires. A landfill may not receive whole waste tires for disposal except as follows:

  (a) waste tires delivered to a landfill no more than four whole tires at one time by an individual, including a waste tire transporter; or

  (b) waste tires from devices moved exclusively by human power; or

  (c) waste tires with a rim diameter greater than 24.5 inches.

  (3) Landfilling of Material Derived from Waste Tires.

  (a) A landfill, which has a permit issued by the Director, may receive material derived from waste tires for disposal.

  (b) Except for the beneficial use of material derived from waste tires at a landfill, material derived from waste tires shall be disposed in a separate landfill cell that is designed and constructed, as approved by the Director, to keep the material in a clean and accessible condition so that it can reasonably be retrieved from the cell for future recycling.

  (4) Reimbursement for Landfilling Shredded Tires.

  (a) The owner or operator of a permitted landfill may apply for reimbursement for landfilling shredded tires as specified in Subsection R315-320-6(1).

  (b) To receive the reimbursement, the owner or operator of the landfill must meet the following conditions:

  (i) the waste tires shall be shredded;

  (ii) the shredded tires shall be stored in a segregated cell or other landfill facility that ensures the shredded tires are in a clean and accessible condition so that they can be reasonably retrieved and recycled at a future time; and

  (iii) the design and operation of the landfill cell or other landfill facility has been reviewed and approved by the Director prior to the acceptance of shredded tires.

  (5) Violation of Subsection R315-320-3(1), (2), or (3) is subject to enforcement proceedings and a civil penalty as specified in Subsection 19-6-804(4).