(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.