H.B. 132

This document includes House Floor Amendments incorporated into the bill on Mon, Jan 28, 2008 at 12:16 PM by jeyring. --> 1

WASTE TIRE RECYCLING AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Neal B. Hendrickson
5 Senate Sponsor: Brent H. Goodfellow
6
7 LONG TITLE
8 General Description:
9 This bill reduces the partial reimbursement paid to waste tire recyclers and landfill
10 owners for certain waste tire disposal and recycling uses.
11 Highlighted Provisions:
12 This bill:
13 . reduces the partial reimbursement paid to waste tire recyclers for certain waste tire
14 recycling uses;
15 . reduces the partial reimbursement paid to landfill owners for waste tire disposal;
15a H. and
16 [ . directs that the interest on Waste Tire Recycling Fund monies be deposited into the
17 fund; and ] .H
18 . makes technical corrections.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 H. [ 19-6-807, as last amended by Laws of Utah 2005, Chapter 148 ] .H
26 19-6-809, as last amended by Laws of Utah 2005, Chapter 132
27 19-6-812, as last amended by Laws of Utah 2005, Chapter 132

28
29 Be it enacted by the Legislature of the state of Utah:
30 H. [ Section 1. Section 19-6-807 is amended to read:
31 19-6-807. Special revenue fund -- Creation -- Deposits.
32 (1) There is created a restricted special revenue fund entitled the "Waste Tire Recycling
33 Fund."
34 (2) The fund shall consist of:
35 (a) the proceeds of the fee imposed under Section 19-6-805 ;
36 (b) [penalties] a penalty collected under this part; [and]
37 (c) [assets] an asset transferred to and a loan [repayments] repayment deposited in the
38 fund pursuant to Section 19-6-824 [.]; and
39 (d) interest on fund monies.
40 (3) Money in the fund shall be used for:
41 (a) partial reimbursement [of] for the costs of transporting, processing, recycling, or
42 disposing of a waste [tires] tire as provided in this part; and
43 (b) payment of administrative costs of a local health [departments] department as
44 provided in Section 19-6-817 [;].
45 [(c) payment of costs incurred by the Division of Finance in accounting for and
46 tracking outstanding loans made under the Waste Tire Recycling Industrial Assistance Loan
47 Program; and]
48 [(d) payment of costs incurred by the Governor's Office of Economic Development in
49 collecting outstanding loans made under the Waste Tire Recycling Industrial Assistance Loan
50 Program.]
51 (4) The Legislature may appropriate money from the fund to pay for costs of the
52 Department of Environmental Quality in administering and enforcing this part. ] .H
53 Section H. [ 2 ] 1 .H . Section 19-6-809 is amended to read:
54 19-6-809. Partial reimbursement.
55 (1) (a) A recycler may submit an application under Section 19-6-813 to the local health
56 department having jurisdiction over the applicant's business address for partial reimbursement
57 [of] for the cost of transporting and processing a waste [tires] tire or [materials] a material
58 derived from a waste [tires] tire that:

59 (i) [meet] meets the requirements of Subsections (3) and (4); and
60 (ii) [are] is used within the state for:
61 (A) energy recovery or production;
62 (B) the creation of an ultimate [products] product;
63 (C) the production of crumb rubber, if a contract exists for the sale of the crumb rubber
64 for use, either within or outside the state, as a component in an ultimate product;
65 (D) the production of a chipped [tires] tire, if:
66 (I) the chipped [tires are to be applied to a beneficial use] tire is beneficially used,
67 either within or outside the state[,]; and
68 (II) a contract exists for [their] the sale of the chipped tire; or
69 (E) [any] a use defined [by board rule] in rule as recycling.
70 (b) A recycler is not eligible to receive partial reimbursement [of] for transportation or
71 processing costs related to the creation of an ultimate product if:
72 (i) the recycler used crumb rubber as a component of the ultimate product; and
73 (ii) the recycler, or another recycler, previously received under this section partial
74 reimbursement [of] for transportation or processing costs related to the production of the crumb
75 rubber.
76 (c) A recycler who qualifies under this section for partial reimbursement may waive the
77 reimbursement and request in writing that the reimbursement be paid to a person who:
78 (i) delivers a waste [tires] tire or material derived from a waste [tires] tire to the
79 recycler; or
80 (ii) processes the waste [tires] tire prior to the recycler's receipt of the waste [tires] tire
81 or [materials] a material derived from the waste [tires] tire for recycling.
82 (2) Subject to the limitations in Section 19-6-816 , a recycler is entitled to:
83 (a) [$90] $65 as partial reimbursement for each ton of waste tires or material derived
84 from waste tires converted to crumb rubber, if a contract exists for the sale of the crumb rubber
85 for use as a component in an ultimate product;
86 (b) [$75] $50 as partial reimbursement for each ton of waste tires or material derived
87 from waste tires recycled, other than as crumb rubber; and
88 (c) [$45] $20 as partial reimbursement for each ton of chipped tires used for a
89 beneficial use.

90 (3) (a) [In order for a] A recycler [to be] is eligible for a partial reimbursement[,] if the
91 recycler [shall establish] establishes, in cooperation with a tire [retailers or transporters] retailer
92 or transporter, or both, a reasonable schedule to remove waste tires in sufficient quantities to
93 allow for economic transportation of waste tires located in [any] a municipality, as defined in
94 Section 10-1-104 , within the state [as defined in Section 10-1-104 ].
95 (b) A recycler [complying with] who is eligible for partial reimbursement under
96 Subsection (3)(a) may also receive partial reimbursement for recycling [tires] a tire received
97 from [locations] a location within the state other than those associated with a retail tire
98 [businesses] business, including a waste [tires] tire from a waste tire [piles and] pile or an
99 abandoned waste tire [piles, under] pile, as provided by Section 19-6-810 .
100 (4) A recycler who applies for partial reimbursement under Subsection (1) shall
101 demonstrate to the local health department identified in Subsection (1)(a) that:
102 (a) the waste [tires or materials] tire or material derived from a waste [tires] tire that
103 [qualify] qualifies for the reimbursement was:
104 [(a) (i) were] (i) (A) removed and transported by a registered waste tire transporter, a
105 recycler, or a tire retailer; or
106 [(ii) were] (B) generated by a private person who:
107 (I) is not a waste tire transporter as defined in Section 19-6-803 [,]; and [that person]
108 (II) brings the waste [tires] tire to the recycler; and
109 [(b) were] (ii) generated in the state; and
110 [(c)] (b) if the [tires are] tire is from a waste tire pile or abandoned waste tire pile, the
111 recycler [complies] complied with the [applicable provisions] requirements of Section
112 19-6-810 .
113 Section H. [ 3 ] 2 .H . Section 19-6-812 is amended to read:
114 19-6-812. Landfilling shredded tires -- Reimbursement.
115 (1) [Waste tires received from any source may] A waste tire may be disposed of in a
116 landfill [in Utah operated by a state or local governmental entity or in a commercial landfill in
117 Utah] if:
118 (a) the land fill is operated in compliance with [all relevant] the requirements of Title
119 19, Chapter 6, Part 1, Solid and Hazardous Waste Act[, if:];
120 [(a)] (b) the waste [tires are] tire is shredded; and

121 [(b)] (c) the waste [tires are] tire is stored in a segregated cell or other landfill facility
122 that ensures that the disposed shredded waste [tires are] tire is in a clean and accessible
123 condition so [they] that the waste tire may be reasonably retrieved and recycled at a future time.
124 (2) [(a)] The owner or operator of [the] a landfill may apply [for and receive] to the
125 local health department having jurisdiction over the applicant's business address for
126 reimbursement of [$30] $20 per ton of waste tires placed in [a] the landfill if:
127 (a) the waste tires are disposed in compliance with Subsection (1)[, but only if];
128 (b) the waste tires are generated from [tires used in] within the state[, and not from
129 used tires or waste tires brought in from out of state.]; and
130 [(b) An application for payment under this subsection shall include complete records,
131 including]
132 (c) the application includes:
133 (i) the site from which the waste tires are removed[,];
134 (ii) the landfill where the waste tires are disposed[,]; and
135 (iii) the amount of shredded tires disposed.
136 (3) [The] An application [process for receiving payment] for reimbursement under this
137 section is substantially the same as the application process [for] required of recyclers applying
138 for partial reimbursement under [this part] Section 19-6-813 .
139 (4) [Waste tires, in any form,] A waste tire, for which reimbursement is paid under this
140 section, [are not subject to any further or] is not eligible for additional reimbursement under
141 this part [at any time].
142 [(5) Reimbursement under this section may only be made for waste tires that have been
143 shredded and placed in a landfill in compliance with this section.]




Legislative Review Note
as of 1-14-08 12:03 PM

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