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 which is in compliance with the requirements of Rules R315-301 through 320 and other applicable rules.

  (2) When any solid waste is disposed in a manner not in compliance with the requirements of Rules R315-301 through 320, 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 form the Director and shall meet all of the following;

  (i) submit the required permit application in the time frame specified by the Director and respond promptly to all requests for information from the Director related to the permit application;

  (ii) shall immediately meet all of the operational monitoring and waste handling criteria of Rules R315-301 through 320; and

  (iii) shall follow the requirements of Rule 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 320, or other applicable rules, may be subject to enforcement action in addition to meeting the requirements of Rule R315-301-4(2).

  (4) When 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 320 do not apply to:

  (a) inert waste used as fill material;

  (b) the disposal of mine tailings and overburden;

  (c) the disposal of vegetative material generated as a result of land clearing; or

  (d) the disposal of vegetative agricultural waste.