Download Zipped Enrolled WP 8.0 HB0117.ZIP 23,940 Bytes
[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]

H.B. 117 Enrolled

                 

TIRE RECYCLING AMENDMENTS

                 
1999 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Neal B. Hendrickson

                  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.
                      [(2)] (3) "Board" means the Solid and Hazardous Waste Control Board created under
                  Section 19-1-106 .
                      (4) "Chip" or "chipped tire" means a two inch square or smaller piece of tire.
                      [(3)] (5) "Commission" means the Utah State Tax Commission.
                      [(4)] (6) "Consumer":
                      (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.
                      [(5)] (7) "Crumb rubber" means waste tires that have been ground, shredded, or otherwise
                  reduced in size so the resulting material [can pass through an ASTM standard 10 mesh screen] is 95%

- 2 -


                  wire free by weight.
                      [(6)] (8) "Dispose" or "disposal" means to deposit, dump, or permanently place any waste
                  tire in or on any land or in any water in the state.
                      [(7)] (9) "Division" means the Division of Solid and Hazardous Waste created in Section
                  19-1-105 , within the Department of Environmental Quality.
                      [(8)] (10) "Executive secretary" means the executive secretary of the [Utah] Solid and
                  Hazardous Waste Control Board created in Section 19-1-106 .
                      [(9)] (11) "Landfill waste tire pile" means a waste tire pile located within the permitted
                  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.
                      [(10)] (12) "Local health department" means the city-county health department or district
                  health department, as defined in Section 26A-1-102 , with jurisdiction over the recycler.
                      [(11)] (13) "Materials derived from waste tires" means tire sections, tire chips, tire
                  shreddings, rubber, steel, fabric, or other similar materials derived from waste tires.
                      [(12)] (14) "Mobile facility" means a mobile facility capable of cutting waste tires on site so
                  the waste tires may be effectively disposed by burial, such as in a landfill.
                      [(13)] (15) "New motor vehicle" means a motor vehicle which has never been titled or
                  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.
                      [(14)] (17) "Proceeds of the fee" means the money collected by the commission from
                  payment of the recycling fee including interest and penalties on delinquent payments.
                      [(15)] (18) "Recycler" means a person who:
                      (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, [or] chipped tires,
                  an ultimate product, or to apply to a beneficial use, but does not include [a person who stores,
                  disposes of, or retreads tires] tires that are stored, disposed of, retreaded, or sold as used tires; and
                      (b) is registered as a recycler in accordance with Section 26-32a-104.5 .

- 3 -


                      [(16)] (19) "Recycling fee" means the fee provided for in Section 26-32a-104 .
                      [(17) "Shredded,"] (20) (a) Before January 1, 2000, "shredded," when referring to waste
                  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.
                      [(18)] (21) (a) "Store" or "storage" means the placing of waste tires in a manner that does
                  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.
                      [(19)] (22) "Tire" means a pneumatic rubber covering designed to encircle the wheel of a
                  vehicle in which a person or property is or may be transported or drawn upon a highway.
                      [(20)] (23) "Tire retailer" means any person engaged in the business of selling new tires either
                  as replacement tires or as part of a new vehicle sale.
                      [(21)] (24) "Trust fund" means the Waste Tire Recycling Expendable Trust Fund provided
                  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.
                      [(22)] (26) "Waste tire" means a tire that is no longer suitable for its original intended
                  purpose because of wear, damage, or defect.

- 4 -


                      [(23)] (27) "Waste tire pile" means a pile of 1,000 or more waste tires at one location.
                      [(24)] (28) "Waste tire transporter":
                      (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; [or]
                      (iv) a retail tire business and hauled by the business owner or an employee of the business;
                  [and]
                      (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. [Rules implementing this provision shall be made on or before January 1, 1994.]
                      (b) Tires are exempt from this Subsection (1) if the original tire[: (i) is from any device
                  moved exclusively by human power; or (ii)] has a rim diameter greater than 24.5 inches.
                      (c) No person, including a waste tire transporter, may dispose of waste tires or store waste

- 5 -


                  tires in any manner not allowed under this chapter or rules made under this chapter.
                      (2) [When possible, the] The operator of the landfill or other authorized location shall direct
                  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 [amount of
                  materials equivalent to one tire] passenger tire equivalent disposed of in violation of this section. A
                  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; [and]
                      (b) 50 cents on and after July 1, 1996; and
                      (c) 85 cents on and after July 1, 1999.

- 6 -


                      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; [and]
                      (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 [board] executive secretary has reason to believe a waste tire transporter has
                  disposed of tires other than as allowed under this chapter, the [board] executive secretary shall
                  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; [and]
                      (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;

- 7 -


                      (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 [board] executive secretary has reason to believe a waste tire recycler has falsified
                  any information provided in an application for partial reimbursement under this section, the [board]
                  executive secretary shall, after complying with the procedural requirements of Title 63, Chapter 46b,
                  Administrative Procedures Act, revoke the registration.
                      [(3) (a) A person registered or licensed as a waste tire transporter or recycler by a local
                  governmental entity on the effective date of this act may continue to function under that authorization
                  through April 30, 1994, or when that authorization expires, whichever is earlier.]
                      [(b) On and after May 1, 1994, or the expiration of a local registration or licensure,
                  whichever occurs first, a person acting under Subsection (3)(a) shall be registered in accordance with
                  this section in order to act as a waste tire transporter or recycler under this chapter.]
                      (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 [who on or after the effective date of this act uses waste tires or
                  materials derived from waste tires that meet requirements of Subsection (4) and used exclusively for
                  energy recovery or creation of ultimate products] may submit an application under Section
                  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:

- 8 -


                      (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 [$70] $75
                  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:

- 9 -


                      (a) (i) were removed and transported by a registered tire transporter, a [registered] recycler,
                  or a [person under Subsection 26-32a-103 (20)(c)] tire retailer; or
                      (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; [and]
                      (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 [registered] recycler may be reimbursed for recycling or beneficial use of tires from an
                  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[, in a form it requires] or the
                  executive secretary, as is appropriate under Section 26-32a-107 , proof of compliance with this
                  Subsection (1) in [addition to] the required form and the information required under Section
                  26-32a-107 .
                      (2) A [registered] recycler may receive the partial reimbursement for recycling or the
                  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;

- 10 -


                      (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[, in a form it requires] or the
                  executive secretary, as is appropriate under Section 26-32a-107 , proof of compliance with this
                  Subsection (2) in [addition to] the required form and the information required under Section
                  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) [A] Except as limited under Subsection (3), a county or municipality may apply to the
                  executive secretary for payment from the trust fund for the costs of a waste tire transporter's
                  [transporting] removing waste tires from an abandoned waste tire pile or a landfill waste tire pile
                  operated by a state or local governmental entity to a [registered] recycler under the following
                  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

- 11 -


                  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 [registered] recycler.
                      (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 [registered] recycler as compared to the cost of contracting with a mobile facility to
                  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 [registered] recycler or waste tire transporter that removed the landfill or abandoned
                  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) The executive secretary shall within 30 days after receipt of a complete manifest

- 12 -


                  authorize the Division of Finance to reimburse the transporter upon receipt of the information
                  required under Subsection (d).]
                      (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;

- 13 -


                      (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.
                      [(3) As necessary, the board may make rules requiring additional information as the board
                  determines necessary to effectively administer this subsection, but these rules may not place an undue
                  burden on landfills.]
                      [(4)] (3) The application process for receiving payment under this section is the same as the
                  process for recyclers applying for partial reimbursement under this chapter.
                      [(5)] (4) Waste tires, in any form, for which reimbursement is paid under this section, are not
                  subject to any further or additional reimbursement under this chapter at any time.
                      [(6)] (5) Reimbursement under this section may only be made for waste tires that have been
                  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 [and] or the executive secretary, as is appropriate under Section 26-32a-107 , and
                  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[,] that is satisfactory to the local health department or the executive secretary, as

- 14 -


                  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) [shall be]:
                      (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

- 15 -


                  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 [division]
                  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:
                      [(i) govern the types of energy recovery or other appropriate environmentally compatible uses
                  eligible for reimbursement, including pyrolization but excluding retreading;]
                      [(ii)] (i) develop an application form; and
                      [(iii)] (ii) establish the procedure to apply for reimbursement; and
                      (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

- 16 -


                  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.

- 17 -


                      (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

- 18 -


                      (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.

- 19 -


                      (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).

- 20 -


[Bill Documents][Bills Directory]