Section 17-17-407 - Promulgation and enforcement of rules and regulationsThe commission may promulgate and enforce rules and regulations pertaining to collection, transportation, storage, processing and disposal of waste tires and may modify, repeal, make exceptions to and grant exemptions and variances from the rules and regulations. The rules and regulations shall include:
(a) Methods of collection, storage, processing and disposal of waste tires. The following are permissible methods of waste tire processing and disposal: (i) Controlling soil erosion, when whole tires are not used;(ii) Grinding into crumbs for use in road asphalt, tire derived fuel and as raw materials for other products;(iii) Pyrolizing or other physico-chemical processing;(v) Landfilling split, ground, chopped, sliced or shredded waste tires until July 1, 2000. Beginning July 1, 2000, the landfilling of waste tires in any form, including, but not limited to, split, ground, chopped, sliced, shredded or whole waste tires is prohibited, unless the commission grants an exception. In determining whether to grant an exception, the commission shall consider the following factors: A. Whether sufficient end-use or recycling markets have developed in all or parts of the state, B. whether the condition of the waste tire or waste tire derived material prevents recycling, C. whether the prohibition on landfilling waste tires will place a financial burden on local governments, or D. other factors the commission deems relevant. It is the intent of the Legislature that the commission shall, to the extent practicable, grant exceptions in areas of the state where the prohibition against landfilling waste tires will pose a demonstrated, unfunded financial burden on local governments.(vi) Other methods as approved by the commission.(b) Procedures for authorization or permitting for waste tire collection sites, waste tire processing facilities, waste tire haulers and waste tire disposal sites, including a review of the applicant's performance history;(c) Requirements for location of facilities at which waste tires are collected, stored, processed or disposed, with regards to property boundaries and buildings, pest control, accessibility by fire fighting equipment and other considerations as they relate to protection of public health and safety and the environment; and(d) Requirements for any financial assurance for waste tire haulers, waste tire collection sites, waste tire processing facilities and waste tire disposal facilities.Laws, 1991, ch. 531, § 4; Laws, 1993, ch. 500, § 2; reenacted and amended, 1995, ch. 615, § 1; Laws, 1997, ch. 544, § 3; Laws, 1999, ch. 402, § 1, eff. 3/16/1999.