Sec. 5. (a) A person may not act as a waste tire transporter, as defined in IC 13-11-2-252, unless the person is registered with the department as a waste tire transporter. To apply for a certificate of registration as a waste tire transporter, a person must submit the following to the department:

(1) The person's name.

(2) The address of the person's principal office.

(3) The addresses of any offices maintained by the person in Indiana.

(4) Evidence of financial assurance, maintained in accordance with rules adopted under section 6 of this chapter, in the amount of at least ten thousand dollars ($10,000). The financial assurance must be in the form of:

(A) a bond for performance, executed by a corporate surety licensed to do business in Indiana;

(B) a negotiable certificate of deposit; or

(C) a negotiable letter of credit;

payable to the department and conditional upon faithful performance of the requirements of this chapter and the registration.

(b) The rules adopted under section 6 of this chapter must adopt a manifest form and require a waste tire transporter to prepare and carry a manifest based upon that form each time a waste tire transporter transports waste tires. The format and wording of the form must require a waste tire transporter to enter information in each manifest indicating the source and number of waste tires to be transported and the destination to which the waste tires are transported.

(c) A person who acts as a waste tire transporter in Indiana shall pay an annual registration fee of twenty-five dollars ($25) that shall be deposited in the waste tire management fund and appropriated to the department for the department's use in providing for the removal and disposal of waste tires from sites where the waste tires have been disposed of improperly.

(d) A waste tire transporter shall do the following:

(1) Retain a copy of a manifest described under this section for at least one (1) year.

(2) Make a copy of a manifest described under this section available to the department upon request.

(3) Report annually to the department the number of passenger tire equivalents transported by the waste tire transporter.

(4) Maintain financial assurance acceptable to the department in accordance with subsection (a)(4).

(e) The commissioner may include in a certificate of registration issued under this chapter conditions that ensure compliance with:

(1) this chapter; and

(2) rules adopted by the board under this chapter;

including a compliance schedule.

(f) The department may deny an application to register under this chapter if:

(1) the application is incomplete;

(2) the applicant has failed to comply with the requirements of:

(A) this chapter;

(B) IC 13-20-13; or

(C) a rule adopted by the board under section 6 of this chapter or under IC 13-20-13-11; or

(3) an enforcement action is pending against the applicant.

[Pre-1996 Recodification Citation: 13-7-23.2-13.]

As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.16; P.L.37-2012, SEC.37.