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H.B. 117 Enrolled
David Ure
AN ACT RELATING TO THE ENVIRONMENT; AMENDING THE WASTE TIRE
RECYCLING ACT BY PROVIDING ADDITIONAL DEFINITIONS; AMENDING THE
RECYCLING FEE AND THE REIMBURSEMENT AMOUNTS; REQUIRING PERMITTING
FOR CERTAIN WASTE TIRE PURPOSES; PROVIDING CRIMINAL PENALTIES AND
ADDITIONAL CIVIL PENALTY PROVISIONS; CLARIFYING BOARD FUNCTIONS AND
EXECUTIVE SECRETARY FUNCTIONS; AND GIVING THE BOARD RULEMAKING
AUTHORITY, INCLUDING DEFINING STORAGE OF WASTE TIRES AND WASTE TIRE
USES SUBJECT TO REIMBURSEMENT; AND REQUIRING SPECIFIED RECORD
KEEPING AND DOCUMENTATION IN ORDER TO TRACK WASTE TIRES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
26-32a-103, as last amended by Chapter 266, Laws of Utah 1996
26-32a-103.5, as last amended by Chapter 266, Laws of Utah 1996
26-32a-104, as last amended by Chapter 266, Laws of Utah 1996
26-32a-104.5, as last amended by Chapter 313, Laws of Utah 1994
26-32a-107, as last amended by Chapter 266, Laws of Utah 1996
26-32a-107.5, as last amended by Chapter 213, Laws of Utah 1995
26-32a-107.7, as last amended by Chapter 266, Laws of Utah 1996
26-32a-107.8, as enacted by Chapter 266, Laws of Utah 1996
26-32a-108, as last amended by Chapter 274, Laws of Utah 1993
26-32a-110, as enacted by Chapter 185, Laws of Utah 1990
26-32a-111.5, as last amended by Chapter 213, Laws of Utah 1995
26-32a-112, as last amended by Chapter 274, Laws of Utah 1993
ENACTS:
26-32a-112.3, Utah Code Annotated 1953
26-32a-112.5, Utah Code Annotated 1953
26-32a-112.7, Utah Code Annotated 1953
26-32a-112.9, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26-32a-103 is amended to read:
26-32a-103. Definitions.
As used in this chapter:
(1) "Abandoned waste tire pile" means a waste tire pile regarding which the local department
of health has not been able to:
(a) locate the persons responsible for the tire pile; or
(b) cause the persons responsible for the tire pile to remove it.
(2) (a) "Beneficial use" means the use of chipped waste tires or chipped material derived from
waste tires in a manner that is not recycling, storage, or disposal, but that serves as a replacement for
another product or material for specific purposes, including daily landfill cover, civil engineering,
low-density, light-weight aggregate fill, and septic or drain field construction.
(b) "Beneficial use" does not include use of waste tires or material derived from waste tires
in the construction of fences, or as fill.
[
Section 19-1-106 .
(4) "Chip" or "chipped tire" means a two inch square or smaller piece of tire.
[
[
(a) means a person who purchases a new tire to satisfy a direct need, rather than for resale;
and
(b) includes a person who purchases a new tire for a motor vehicle to be rented or leased.
[
reduced in size so the resulting material [
wire free by weight.
[
tire in or on any land or in any water in the state.
[
19-1-105 , within the Department of Environmental Quality.
[
Hazardous Waste Control Board created in Section 19-1-106 .
[
boundary of a landfill operated by a governmental entity and consisting solely of waste tires brought
to a landfill for disposal and diverted from the landfill waste stream to the waste tire pile.
[
health department, as defined in Section 26A-1-102 , with jurisdiction over the recycler.
[
shreddings, rubber, steel, fabric, or other similar materials derived from waste tires.
[
the waste tires may be effectively disposed by burial, such as in a landfill.
[
registered.
(16) "Passenger tire equivalent" means a measure of mixed sizes of tires where each 25
pounds of whole tires or material derived from waste tires is equal to one waste tire.
[
payment of the recycling fee including interest and penalties on delinquent payments.
[
(a) uses or can reasonably be expected within the next year to use a minimum of 100,000
waste tires or 1,000 tons of waste tires per year to produce energy, crumb rubber, [
an ultimate product, or to apply to a beneficial use, but does not include [
(b) is registered as a recycler in accordance with Section 26-32a-104.5 .
[
[
tires, means waste tires or material derived from waste tires that has been subjected to a "primary
shred" as defined by board rule. The rule shall define the maximum size of a piece of material derived
from waste tires that is considered to be the result of a primary shred.
(b) On and after January 1, 2000, "shredded," when referring to waste tires, means waste tires
or material derived from waste tires that has been reduced to a six inch square or smaller.
[
not constitute disposal of the waste tires.
(b) "Store" or "storage" does not include waste tires or material derived from waste tires that
is stored for five or fewer days and that is to be:
(i) used as ballast to maintain covers on agricultural materials or to maintain covers at a
construction site; or
(ii) recycled or applied to a beneficial use.
[
vehicle in which a person or property is or may be transported or drawn upon a highway.
[
as replacement tires or as part of a new vehicle sale.
[
for in Section 26-32a-105 .
(25) (a) "Ultimate product" means a product that has as a component materials derived from
waste tires and that the board finds has a demonstrated market.
(b) "Ultimate product":
(i) includes pyrolized materials derived from waste tires and chipped tires; and
(ii) does not include a product regarding which a waste tire remains after the product is
disposed or disassembled.
[
purpose because of wear, damage, or defect.
[
[
(a) means a person or entity engaged in picking up or transporting at one time more than ten
whole waste tires per year, or the equivalent amount of material derived from waste tires, generated
in Utah for the purpose of storage, processing, or disposal;
(b) includes any person engaged in the business of collecting, hauling, or transporting waste
tires or who performs these functions for another person;
(c) does not include a person transporting tires generated solely by:
(i) that person's personal vehicles;
(ii) a commercial vehicle fleet owned or operated by that person or that person's employer;
(iii) vehicles sold, leased, or purchased by a motor vehicle dealership owned or operated by
that person or that person's employer; [
(iv) a retail tire business and hauled by the business owner or an employee of the business;
[
(v) a solid waste collector operating under a license issued by a unit of local government as
defined in Section 63-51-2 , or a local health department; or
(vi) a recycler or processor of whole waste tires into chipped tires; and
(d) does not include a person transporting tires by rail as a common carrier subject to federal
regulation.
Section 2. Section 26-32a-103.5 is amended to read:
26-32a-103.5. Restrictions on disposal of tires -- Penalties.
(1) (a) After January 1, 1994, an individual, including a waste tire transporter, may not
dispose of more than four whole tires at one time in a landfill or any other location in the state
authorized by the executive secretary to receive waste tires, except for purposes authorized by board
rule. [
(b) Tires are exempt from this Subsection (1) if the original tire[
(c) No person, including a waste tire transporter, may dispose of waste tires or store waste
tires in any manner not allowed under this chapter or rules made under this chapter.
(2) [
that the waste tires be disposed in a designated area to facilitate retrieval if a market becomes
available for the disposed waste tires or material derived from waste tires.
(3) An individual, including a waste tire transporter, may dispose of shredded waste tires in
a landfill in accordance with Section 26-32a-107.8 , and may also, without reimbursement, dispose
in a landfill materials derived from waste tires that do not qualify for reimbursement under Section
26-32a-107.8 , but the landfill shall dispose of the material in accordance with Section 25-32a-107.8 .
(4) (a) An individual, including a waste tire transporter, violating this section is subject to
enforcement proceedings and a civil penalty of not more than $100 per waste tire or per [
warning notice may be issued prior to taking further enforcement action under this Subsection (4).
(b) A civil proceeding to enforce this section and collect penalties under this section may be
brought in the district court where the violation occurred by the board, the local health department,
or the county attorney having jurisdiction over the location where the tires were disposed in violation
of this section.
(c) Penalties collected under this section shall be deposited in the trust fund.
Section 3. Section 26-32a-104 is amended to read:
26-32a-104. Recycling fee.
(1) (a) Beginning July 1, 1990, a recycling fee is imposed upon each purchase from a tire
retailer of a new tire by a consumer. The fee shall be paid by the consumer to the tire retailer at the
time the new tire is purchased.
(b) The recycling fee does not apply to recapped or resold used tires.
(2) The fee for each tire with a rim diameter up to and including 24.5 inches, single or dual
bead capacity is:
(a) $1, before July 1, 1996; [
(b) 50 cents on and after July 1, 1996; and
(c) 85 cents on and after July 1, 1999.
Section 4. Section 26-32a-104.5 is amended to read:
26-32a-104.5. Registration of waste tire transporters and recyclers.
(1) (a) The executive secretary shall register each applicant for registration to act as a waste
tire transporter if the applicant meets the requirements of this section.
(b) An applicant for registration as a waste tire transporter shall:
(i) submit an application in a form prescribed by the executive secretary;
(ii) pay a fee as determined by the board under Section 63-38-3.2 ;
(iii) provide the name and business address of the operator; [
(iv) provide proof of liability insurance or other form of financial responsibility in an amount
determined by board rule, but not more than $300,000, for any liability the waste tire transporter may
incur in transporting waste tires; and
(v) meet requirements established by board rule.
(c) The holder of a registration under this section shall advise the executive secretary in
writing of any changes in application information provided to the executive secretary within 20 days
of the change.
(d) If the [
disposed of tires other than as allowed under this chapter, the [
conduct an investigation and, after complying with the procedural requirements of Title 63, Chapter
46b, Administrative Procedures Act, may revoke the registration.
(2) (a) The executive secretary shall register each applicant for registration to act as a waste
tire recycler if the applicant meets the requirements of this section.
(b) An applicant for registration as a waste tire recycler shall:
(i) submit an application in a form prescribed by the executive secretary;
(ii) pay a fee as determined by the board under Section 63-38-3.2 ;
(iii) provide the name and business address of the operator of the recycling business; [
(iv) provide proof of liability insurance or other form of financial responsibility in an amount
determined by board rule, but not more than $300,000, for any liability the waste tire recycler may
incur in storing and recycling waste tires;
(v) engage in activities as described under the definition of recycler in Section 26-32a-103 ;
and
(vi) meet requirements established by board rule.
(c) The holder of a registration under this section shall advise the executive secretary in
writing of any changes in application information provided to the executive secretary within 20 days
of the change.
(d) If the [
any information provided in an application for partial reimbursement under this section, the [
executive secretary shall, after complying with the procedural requirements of Title 63, Chapter 46b,
Administrative Procedures Act, revoke the registration.
[
[
(3) The board shall establish a uniform fee for registration which shall be imposed by any unit
of local government or local health department that requires a registration fee as part of the
registration of waste tire transporters or waste tire recyclers.
Section 5. Section 26-32a-107 is amended to read:
26-32a-107. Partial reimbursement.
(1) (a) Any recycler [
26-32a-108 to the local health department having jurisdiction over the applicant's business address
for partial reimbursement of the cost of transporting and processing, if the recycler on or after the
effective date of this act uses waste tires or materials derived from waste tires that meet requirements
of Subsection (4) exclusively for:
(i) energy recovery;
(ii) creation of ultimate products;
(iii) crumb rubber;
(iv) any use defined by board rule as recycling; or
(v) any beneficial use.
(b) A recycler who recycles, at an out-of-state location, tires that are generated within the
state shall apply to the executive secretary for partial reimbursement, rather than to a local health
department.
(c) A recycler who qualifies under this section for partial reimbursement may waive the
reimbursement and request in writing that the reimbursement be paid to a person who delivers waste
tires or material derived from waste tires to a recycler or processes the waste tires prior to the
recycler's receipt of the waste tires or his receipt of materials derived from the waste tires for
recycling, but only if the recycler is conducting the recycling operation within the state.
(2) (a) Subject to the limitations in Section 26-32a-111 , a recycler is entitled to [
as partial reimbursement for each ton of tires recycled on and after the effective date of this act.
(b) Subject to the limitations in Section 26-32a-111 , a recycler is entitled to $60 as partial
reimbursement for each ton of waste tires or material derived from waste tires used for a beneficial
use on and after the effective date of this act.
(3) (a) In order for a recycler within the state to be eligible for partial reimbursement, the
recycler shall establish in cooperation with tire retailers or transporters, or with both, a reasonable
schedule to remove waste tires in sufficient quantities to allow for economic transportation of waste
tires located in any municipality within the state as defined in Section 10-1-104 .
(b) A recycler complying with Subsection (3)(a) or a recycler operating at an out-of-state
location may also receive partial reimbursement for recycling tires received from locations other than
those associated with retail tire businesses, including waste tires from waste tire piles and abandoned
waste tire piles, under Section 26-32a-107.5 .
(4) A recycler under Subsection (1) shall also demonstrate the waste tires or materials derived
from waste tires that qualify for the reimbursement:
(a) (i) were removed and transported by a registered tire transporter, a [
or a [
(ii) were generated by a private person who is not a waste tire transporter as defined in
Section 26-32a-103 , and that person brings the waste tires to the recycler; [
(b) were generated in the state; and
(c) if the tires are from a waste tire pile or abandoned waste tire pile, the recycler complies
with the applicable provisions of Section 26-32a-107.5 .
Section 6. Section 26-32a-107.5 is amended to read:
26-32a-107.5. Recycling tires from abandoned tire piles and other tire piles.
(1) A [
abandoned tire pile if:
(a) prior to recycling or the beneficial use of any of the tires, he receives an affidavit from the
local health department of the jurisdiction where the tire pile is located, stating the tire pile is
abandoned and the local health department has not been able to locate the persons responsible for the
tire pile or has not been able to cause the persons responsible for the tire pile to remove it;
(b) the waste tire transporter who transports the tires to the recycler is registered, has
received from the local health department an affidavit stating it has authorized the transporter to
remove the tires and deliver them to a recycler, and provides a copy of the affidavit to the recycler;
and
(c) the recycler provides to the local health department[
executive secretary, as is appropriate under Section 26-32a-107 , proof of compliance with this
Subsection (1) in [
26-32a-107 .
(2) A [
beneficial use of waste tires from waste tire piles that are not abandoned if:
(a) prior to recycling or the beneficial use of any of the waste tires, he receives an affidavit
from the local health department of the jurisdiction where the waste tire pile is located, stating the
tire pile is not abandoned;
(b) he obtains an affidavit from the owner of the waste tire pile or his authorized designee
stating:
(i) the tires are from a pile to which no tires have been added after June 30, 1991; or
(ii) if the tires are from a tire pile to which tires have been added after June 30, 1991, all the
tires provided to the recycler were generated within the state;
(c) the tires are transported to the recycler by a registered waste tire transporter, who
provides a manifest to the recycler; and
(d) the recycler provides to the local health department[
executive secretary, as is appropriate under Section 26-32a-107 , proof of compliance with this
Subsection (2) in [
26-32a-107 .
Section 7. Section 26-32a-107.7 is amended to read:
26-32a-107.7. Funding for management of certain landfill or abandoned tire piles --
Limitations.
(1) [
executive secretary for payment from the trust fund for the costs of a waste tire transporter's
[
operated by a state or local governmental entity to a [
procedure:
(a) (i) The maximum number of miles for which the executive secretary may reimburse for
transportation costs incurred by a waste tire transporter under this section, is the number of miles,
one way, between the location of the waste tire pile and the State Capitol Building, in Salt Lake City,
Utah, or to the recycler, whichever is less.
(ii) This maximum number of miles available for reimbursement applies regardless of the
location of the recycler to which the waste tires are transported under this section.
(iii) The executive secretary shall, upon request, advise any person preparing a bid under this
section of the maximum number of miles available for reimbursement under this Subsection (1)(a).
(iv) The cost under this Subsection (1) shall be calculated based on the cost to transport one
ton of waste tires one mile.
(b) The county or municipality shall through a competitive bidding process make a good faith
attempt to obtain a bid for the removal of the landfill or abandoned waste tire pile and transport to
a [
(c) The county or municipality shall submit to the executive secretary:
(i) (A) a statement from the local health department stating the landfill waste tire pile is
operated by a state or local governmental entity, consists solely of waste tires diverted from the
landfill waste stream and describing the size and location of the landfill waste tire pile; or
(B) a statement from the local health department that the waste tire pile is abandoned; and
(ii) the bid selected by the county or municipality or the fact that no bids were received.
(2) (a) If a bid is submitted, the executive secretary shall determine if the bid is reasonable,
taking into consideration:
(i) the location and size of the landfill or abandoned waste tire pile;
(ii) the number and size of any other landfill or abandoned waste tire piles in the area;
(iii) the cost, as allowed under Subsection (1)(a), of transporting the landfill or abandoned
waste tires to a [
cut the waste tires so they may be disposed in the landfill; and
(iv) the current market for waste tires of the type in the landfill or abandoned waste tire pile.
(b) The executive secretary shall advise the county or municipality within 30 days of receipt
of the bid whether or not the bid is determined to be reasonable.
(c) If the bid is found to be reasonable, the county or municipality may proceed to have the
landfill or abandoned waste tire pile removed pursuant to the bid. The county or municipality shall
advise the executive secretary that the landfill or abandoned waste tire pile has been removed.
(d) The [
waste tires pursuant to the bid shall submit to the executive secretary a copy of the manifest, which
shall state the number or tons of waste tires transported, the location they were removed from, the
recycler to which the waste tires were delivered, and the amount charged by the transporter.
[
(e) Upon receipt of the information required under Subsection (2)(d), and determination that
the information is complete, the executive secretary shall, within 30 days after receipt authorize the
Division of Finance to reimburse the waste tire transporter the amount established under this
Subsection (2).
(3) (a) A county or municipality may not apply for payment under this section for removal
of a waste tire pile if it accumulates in the county or municipality on or after July 1, 1999.
(b) The costs of removing a waste tire pile under Subsection (3)(a) is the responsibility of the
county or municipality where the waste tire pile is located.
Section 8. Section 26-32a-107.8 is amended to read:
26-32a-107.8. Landfilling shredded tires -- Reimbursement.
(1) Waste tires received from any source may be disposed in a landfill in Utah operated by
a state or local governmental entity or in a commercial landfill in Utah operated in compliance with
all relevant requirements of Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, if:
(a) the waste tires are shredded; and
(b) the waste tires are stored in a segregated cell or other landfill facility that ensures the
disposed shredded waste tires are in a clean and accessible condition so they may be reasonably
retrieved and recycled at a future time.
(2) (a) The owner or operator of the landfill may apply for and receive reimbursement per
ton of tires placed in a landfill in compliance with Subsection (1), but only if the waste tires are
generated from tires used in the state, and not from used tires or waste tires brought in from out of
state.
(b) On and after the effective date, reimbursement under this section is at the following rates
per ton:
(i) for waste tires placed in a landfill under this section in accordance with a contract with the
landfill owner or operator that was finalized and in effect prior to the effective date of this section:
(A) $65 for waste tires disposed in the landfill on or before October 31, 1996;
(B) $50 for waste tires disposed in the landfill on and after November 1, 1996 and before
May 1, 1997; and
(C) $30 for waste tires disposed in the landfill on and after May 1, 1997; and
(ii) $30 regarding waste tires placed in a landfill under this section and that are not the subject
of a contract for being placed in a landfill under Subsection (2)(b)(i).
(c) An application for payment under this subsection shall include complete records,
including the site from which the tires are removed, the landfill where the tires are disposed, and the
amount of shredded tires disposed.
[
[
process for recyclers applying for partial reimbursement under this chapter.
[
subject to any further or additional reimbursement under this chapter at any time.
[
shredded and placed in a landfill in compliance with this section.
Section 9. Section 26-32a-108 is amended to read:
26-32a-108. Application for partial reimbursement -- Penalty.
(1) An application for partial reimbursement shall be on the form prescribed by the local
health department [
shall include:
(a) the recycler's name and a brief description of the recycler's business;
(b) the quantity, in tons, of waste tires recycled or used in a beneficial use;
(c) originals or copies of log books, receipts, bills of lading, or other similar documents to
establish the tonnage of waste tires recycled or used in a beneficial use;
(d) a description of how the waste tires were recycled;
(e) proof[
is appropriate under Section 26-32a-107 , that the waste tires were recycled or used in a beneficial
use; and
(f) the affidavit of the recycler warranting that the recycled waste tires or waste tires used for
a beneficial use for which reimbursement is sought meet requirements of Subsection 26-32a-107 (4).
(2) In addition to any other penalty imposed under Section 26-32a-112.7 or 26-32a-112.9
or by any other law, any person who knowingly or intentionally provides false information to the local
health department or to the executive secretary under Subsection (1) [
(a) is ineligible to receive any further reimbursement under this chapter; and
(b) shall return to the Division of Finance any reimbursement previously received for deposit
in the trust fund.
Section 10. Section 26-32a-110 is amended to read:
26-32a-110. Payment by Division of Finance.
(1) The Division of Finance is authorized to pay the recycler partial reimbursements described
in Section 26-32a-107 from the trust fund.
(2) The Division of Finance shall pay the dollar amount of partial reimbursement approved
by the local health department or the executive secretary to the recycler within the next payment
period established by rule of the Division of Finance, after receipt of the local health department's or
the executive secretary's report and recommendation.
Section 11. Section 26-32a-111.5 is amended to read:
26-32a-111.5. Administrative fees to local health departments -- Reporting by local
health departments.
(1) (a) The Division of Finance shall pay quarterly to the local health departments from the
trust fund $5 per ton of tires for which a partial reimbursement is made under this chapter.
(b) The payment under Subsection (1) shall be allocated among the local health departments
in accordance with recommendations of the Utah Association of Local Health Officers.
(c) The recommendation shall be based on the efforts expended and the costs incurred by the
local health departments in enforcing this chapter and rules made under this chapter.
(2) (a) Each local health department shall track all waste tires removed from abandoned
waste tire piles within its jurisdiction, to determine the amount of waste tires removed and the
recycler to which they are transported.
(b) The local health department shall report this information quarterly to the [
executive secretary.
Section 12. Section 26-32a-112 is amended to read:
26-32a-112. Local health department rules.
(1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act:
(a) the local health department shall make rules to:
[
[
[
(b) the commission shall make rules to implement this chapter.
(2) The local health departments shall take into consideration the removal schedule of tire
transporters or recyclers in a geographical area when making rules governing the storage of waste
tires at any business that generates waste tires, pending removal of those waste tires for recycling.
Section 13. Section 26-32a-112.3 is enacted to read:
26-32a-112.3. Powers and duties of the board.
(1) The board shall make rules under Title 63, Chapter 46a, Utah Administrative Rulemaking
Act, as necessary to administer this chapter. For these purposes the board shall establish by rule:
(a) conditions and procedures for acting to issue or revoke a registration as a waste tire
recycler or transporter under Section 26-32a-104.5 ;
(b) the amount of liability insurance or other financial responsibility the applicant is required
to have to qualify for registration under Section 26-32a-104.5 , but the amount may not be more than
$300,000 for any liability the waste tire transporter or recycler may incur in recycling or transporting
waste tires;
(c) the form and amount of financial assurance required for a site or facility used to store
waste tires, which shall be sufficient to ensure the cleanup or removal of waste tires from that site or
facility;
(d) standards and required documentation for tracking and record keeping of waste tires
subject to regulation under this chapter, including:
(i) manifests for handling and transferring waste tires;
(ii) records documenting date, quantities, and size or type of waste tires transported,
processed, transferred, or sold;
(iii) records documenting persons between whom transactions under this Subsection (1)(d)
occurred and the amounts of waste tires involved in those transactions; and
(iv) requiring that documentation under this Subsection (1)(d) be submitted on a quarterly
basis, and that this documentation be made available for public inspection;
(e) authorize inspections and audits of waste tire recycling, transportation, or storage facilities
and operations subject to this chapter;
(f) standards for payments authorized under Sections 26-32a-107 , 26-32a-107.5 , and
26-32a-107.7 ;
(g) regarding applications to the executive secretary for reimbursements, the content of the
reimbursement application form and the procedure to apply for reimbursement;
(h) requirements for the storage of waste tires, including permits for storage;
(i) the types of energy recovery or other appropriate environmentally compatible uses eligible
for reimbursement, which:
(i) shall include pyrolization, but not retreading; and
(ii) shall be $75 for recycling and $60 for using waste tires for a beneficial use; and
(iii) shall apply to all waste tire recycling and beneficial use reimbursements both within and
outside of the state;
(j) the applications of waste tires that are not eligible for reimbursement;
(k) the applications of waste tires that are considered to be the storage or disposal of waste
tires; and
(l) provisions governing the storage or disposal of waste tires, including the process for
issuing permits for waste tire storage sites.
(2) The board may:
(a) require retention and submission of the records required under this chapter;
(b) require audits of the records and record keeping procedures required under this chapter
and rules made under this chapter, except that audits of records regarding the fee imposed and
collected by the commission under Sections 26-32a-104 and 26-32a-105 are the responsibility of the
commission; and
(c) as necessary, make rules requiring additional information as the board determines
necessary to effectively administer Section 26-32a-107.8 , but these rules may not place an undue
burden on the operation of landfills.
Section 14. Section 26-32a-112.5 is enacted to read:
26-32a-112.5. Powers and duties of the executive secretary.
(1) The executive secretary shall:
(a) administer and enforce the rules and orders of the board;
(b) issue and revoke registration for waste tire recyclers and transporters; and
(c) require forms, analyses, documents, maps, and other records as the executive secretary
finds necessary to:
(i) issue recycler and transporter registrations;
(ii) issue recycler partial reimbursements;
(iii) inspect a site, facility, or activity regulated under this chapter; and
(iv) issue permits for and inspect waste tire storage sites.
(2) The executive secretary may:
(a) authorize any division employee to enter any site or facility regulated under this chapter
at reasonable times and upon presentation of credentials, for the purpose of inspection, audit, or
sampling:
(i) at the site or facility; or
(ii) of the records, operations, or products;
(b) as authorized by the board, enforce board rules by issuing orders which are subsequently
subject to the board's amendment or revocation; and
(c) coordinate with federal, state, and local governments, and other agencies, including
entering into memoranda of understanding, to:
(i) ensure effective regulation of waste tires under this chapter;
(ii) minimize duplication of regulation; and
(iii) encourage responsible recycling of waste tires.
Section 15. Section 26-32a-112.7 is enacted to read:
26-32a-112.7. Violations -- Civil proceedings and penalties -- Orders.
(1) A person who violates any provision of this chapter or any order, permit, plan approval,
or rule issued or adopted under this chapter is subject to a civil penalty of not more than $10,000 per
day for each day of violation as determined in a civil hearing under Title 63, Chapter 46b,
Administrative Procedures Act, except:
(a) any violation of Subsection 26-32a-103.5 (1) or (3), regarding landfills, is subject to the
penalty under Subsection 26-32a-103.5 (4) rather than the penalties under this section; and
(b) any violation of Subsection 26-32a-106 (1), (2), or (3) regarding payment of the recycling
fee by the tire retailer is subject to penalties as provided in Subsection 26-32a-106 (4) rather than the
penalties under this section.
(2) The board may bring an action in the name of the state to restrain a person from
continuing a violation of this chapter and to require the person to perform necessary remediation
regarding a violation of this chapter.
(3) When the executive secretary finds a situation exists in violation of this chapter that
presents an immediate threat to the public health or welfare, the executive secretary may issue an
emergency order under Title 63, Chapter 46b, Administrative Procedures Act.
(4) The executive secretary may revoke the registration of a waste tire recycler or transporter
who violates any provision of this chapter or any order, plan approval, permit, or rule issued or
adopted under this chapter.
(5) The executive secretary may revoke the tire storage permit for a storage facility that is
in violation of any provision of this chapter or any order, plan approval, permit, or rule issued or
adopted under this chapter.
(6) If a person has been convicted of violating a provision of this chapter prior to a finding
by the executive secretary of a violation of the same provision in an administrative hearing, the
executive secretary may not assess a civil monetary penalty under this section for the same offense
for which the conviction was obtained.
(7) All penalties collected under this section shall be deposited in the trust fund.
Section 16. Section 26-32a-112.9 is enacted to read:
26-32a-112.9. Criminal penalties.
A knowing violation of any applicable provision of this chapter is a third degree felony, except
that any violation:
(1) involving hazardous waste is governed by Title 19, Chapter 6, Hazardous Substances;
(2) of Subsection 26-32a-103.5 (1) or (3) is subject only to the civil penalties in Subsection
26-32a-103.5 (4); and
(3) of Subsection 26-32a-106 (1), (2), or (3) is subject to the penalties under Subsection
26-32a-106 (4).
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