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H.B. 230
This document includes House Committee Amendments incorporated into the bill on Wed, Feb 9, 2005 at 10:14 AM by ddonat. --> 1
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5 Neal B. Hendrickson 6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Waste Tire Recycling Act related to the use of
10 waste tires.
11 Highlighted Provisions:
12 This bill:
13 . provides that a recycler may receive:
14 . H. [
14a crumb
15 rubber;
16 . $75 as partial reimbursement for each ton of waste tires recycled other than as
17 crumb rubber; and
18 . $45 as partial reimbursement for each ton of chipped tires used for a beneficial
19 use;
20 . provides that the owner or operator of a landfill may receive reimbursement of $30
21 per ton of tires placed in a landfill; and
22 . makes certain technical changes.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 19-6-809, as last amended by Chapter 165, Laws of Utah 2001
30 19-6-812, as renumbered and amended by Chapter 51, Laws of Utah 2000
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 19-6-809 is amended to read:
34 19-6-809. Partial reimbursement.
35 (1) (a) [
36 health department having jurisdiction over the applicant's business address for partial
37 reimbursement of the cost of transporting and processing waste tires or materials derived from
38 waste tires that:
39 (i) meet the requirements of Subsections (3) and (4); and
40 (ii) are used within the state for:
41 (A) energy recovery or production;
42 (B) the creation of ultimate products;
43 (C) the production of crumb rubber, if a contract exists for the sale of the crumb rubber
44 for use, either within or outside the state, as a component in an ultimate product;
45 (D) the production of chipped tires, if the chipped tires are to be applied to a beneficial
46 use, either within or outside the state, and a contract exists for their sale; or
47 (E) any use defined by board rule as recycling.
48 (b) A recycler is not eligible to receive partial reimbursement of transportation or
49 processing costs related to the creation of an ultimate product if:
50 (i) the recycler used crumb rubber as a component of the ultimate product; and
51 (ii) the recycler, or another recycler, previously received under this section partial
52 reimbursement of transportation or processing costs related to the production of the crumb
53 rubber.
54 (c) A recycler who qualifies under this section for partial reimbursement may waive the
55 reimbursement and request in writing that the reimbursement be paid to a person who:
56 (i) delivers waste tires or material derived from waste tires to the recycler; or
57 (ii) processes the waste tires prior to the recycler's receipt of the waste tires or materials
58 derived from the waste tires for recycling.
59 (2) [
60 (a) H. [
60a derived from
61 waste tires converted to crumb rubber, if a contract exists for the sale of the crumb rubber for
62 use as a component in an ultimate product[
63 (b) [
64 partial reimbursement for each ton of waste tires or material derived from waste tires recycled,
65 other than as crumb rubber[
66 (c) [
67 partial reimbursement for each ton of chipped tires used for a beneficial use.
68 (3) (a) In order for a recycler to be eligible for partial reimbursement, the recycler shall
69 establish in cooperation with tire retailers or transporters, or both, a reasonable schedule to
70 remove waste tires in sufficient quantities to allow for economic transportation of waste tires
71 located in any municipality within the state as defined in Section 10-1-104 .
72 (b) A recycler complying with Subsection (3)(a) may also receive partial
73 reimbursement for recycling tires received from locations within the state other than those
74 associated with retail tire businesses, including waste tires from waste tire piles and abandoned
75 waste tire piles, under Section 19-6-810 .
76 (4) A recycler who applies for partial reimbursement under Subsection (1) shall
77 demonstrate the waste tires or materials derived from waste tires that qualify for the
78 reimbursement:
79 (a) (i) were removed and transported by a registered waste tire transporter, a recycler,
80 or a tire retailer; or
81 (ii) were generated by a private person who is not a waste tire transporter as defined in
82 Section 19-6-803 , and that person brings the waste tires to the recycler;
83 (b) were generated in the state; and
84 (c) if the tires are from a waste tire pile or abandoned waste tire pile, the recycler
85 complies with the applicable provisions of Section 19-6-810 .
86 Section 2. Section 19-6-812 is amended to read:
87 19-6-812. Landfilling shredded tires -- Reimbursement.
88 (1) Waste tires received from any source may be disposed in a landfill in Utah operated
89 by a state or local governmental entity or in a commercial landfill in Utah operated in
90 compliance with all relevant requirements of Title 19, Chapter 6, Part 1, Solid and Hazardous
91 Waste Act, if:
92 (a) the waste tires are shredded; and
93 (b) the waste tires are stored in a segregated cell or other landfill facility that ensures
94 the disposed shredded waste tires are in a clean and accessible condition so they may be
95 reasonably retrieved and recycled at a future time.
96 (2) (a) The owner or operator of the landfill may apply for and receive reimbursement
97 of $30 per ton of tires placed in a landfill in compliance with Subsection (1), but only if the
98 waste tires are generated from tires used in the state, and not from used tires or waste tires
99 brought in from out of state.
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112 records, including the site from which the tires are removed, the landfill where the tires are
113 disposed, and the amount of shredded tires disposed.
114 (3) The application process for receiving payment under this section is the same as the
115 process for recyclers applying for partial reimbursement under this part.
116 (4) Waste tires, in any form, for which reimbursement is paid under this section, are
117 not subject to any further or additional reimbursement under this part at any time.
118 (5) Reimbursement under this section may only be made for waste tires that have been
119 shredded and placed in a landfill in compliance with this section.
Legislative Review Note
as of 12-21-04 2:40 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.