(1) A waste tire processor shall, as specified by the commission by rule:
(a) Establish and maintain financial assurance;
(b) Register with the department;
(c) Affix a decal required pursuant to section 30-20-1417 (1) to the required location;
(d) Develop, maintain, keep available for inspection, and comply with an engineering design and operations plan, including a fire prevention and control plan, and a plan for emergency response;
(e) Maintain records, including the manifests required by section 30-20-1417 (2), relating to the collection of waste tires;
(f) Develop and maintain a closure plan;
(g) Submit an annual report to the department; and
(h) Complete and submit self-certification documentation as required by the department.
(2) A waste tire processor is subject to the following:
(a) A waste tire processor that is not also registered as a waste tire monofill shall not have at the processing facility at any one time more than the lesser of:
(I) One hundred thousand waste tires;
(II) The amount of waste tires allowed under local requirements; or
(III) The amount of waste tires anticipated in the waste tire processor's financial assurance instrument.
(b) Following a one-year accumulation period, the weight or volume of waste tires that are processed must be at least seventy-five percent of the total weight or volume of waste tires received and currently in storage over a three-year rolling average. The calculation and accumulation period specified in this paragraph (b) must be based on a measure approved by the commission by rule.
(3) The department may issue a waiver relating to any requirement of this section.
Source: L. 2014: Entire part added, (HB 14-1352), ch. 351, p. 1589, � 1, effective July 1.