(1) An owner or operator of a waste tire monofill 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) in the required location; (d) Maintain a certificate of designation that contains an engineering design and operations plan, including a fire prevention and control plan, plan for emergency response, inventory reduction plan, and closure plan; (e) Maintain records, including the manifests required by section 30-20-1417 (2), relating to the storage of waste tires; (f) Submit an annual report to the department; (g) Comply with the monofill's certificate of designation; (h) Comply with the commission's rule on final disposal of waste tires; (i) Complete and submit self-certification documentation as required by the department; (j) On an annual basis, for every one waste tire received, end use at least two waste tires, or process at least two waste tires into tire-derived product; and (k) Not place any waste tires into monofill storage after January 1, 2018, and shall close, or cause to be closed, the waste tire monofill by July 1, 2034. (2) A governing body having jurisdiction shall not grant an application for a landfill designated for the disposal only of tires. Nothing in this section limits modifications to existing landfills that accept waste tires. (3) After soliciting public comment, the department may issue a waiver relating to any requirement of this section; except that the department shall not issue a waiver of subsection (1)(j) or (1)(k) of this section to a waste tire monofill owner or operator unless the owner or operator has demonstrated that it has achieved a net reduction on an annual basis in the number of waste tires in the monofill or unless an emergency event of limited duration such as a fire or flood, as defined by the commission, has occurred.
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