R315-314-1. Applicability

  (1) The requirements of Rule R315-314 apply to the following:

  (a) a pile of solid waste containing garbage that has been in place for more than seven days;

  (b) a pile of solid waste which does not contain garbage that has been in place for more than 90 days;

  (c) a pile of material derived from waste tires where more than 1,000 passenger tire equivalents are stored at one site; and

  (d) a pile of whole waste tires where more than 1,000 tires are stored at one site.

  (2) The requirements of Rule R315-314 do not apply to the following:

  (a) solid waste stored or treated in piles prior to recycling including compost piles and wood waste;

  (b) solid waste stored in fully enclosed buildings, provided that no liquids or sludge containing free liquids are added to the waste;

  (c) a pile of inert waste, as defined by Subsection R315-301-2(36); and

  (d) a pile of whole waste tires located at a permitted waste disposal facility that is stored for not longer than one year.

  (3) A site where crumb rubber, an ultimate product derived from waste tires, or waste tires that have been reduced to materials for beneficial use are stored for not longer than one year may receive a waiver of the requirements of Rule R315-314 from the Director on a site specific basis.

  (a) No waiver of the requirements of Rule R315-314 will be granted by the Director without application from the owner or operator of the storage site.

  (b) In granting a waiver of the requirements of Rule R315-314, the Director may place conditions on the owner or operator of the storage site as to the sizes of piles, distance between piles, or other operational practices that will minimize fire danger or a risk to human health or the environment.

  (c) The Director may revoke a waiver of the Requirements of Rule R315-314 if the Director finds that:

  (i) any condition of the waiver is not met; or

  (ii) the operation of the storage site presents a fire danger or a threat to human health or the environment.