H.B. 132 Enrolled

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; and
16 . makes technical corrections.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 19-6-809, as last amended by Laws of Utah 2005, Chapter 132
24 19-6-812, as last amended by Laws of Utah 2005, Chapter 132
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 19-6-809 is amended to read:
28 19-6-809. Partial reimbursement.
29 (1) (a) A recycler may submit an application under Section 19-6-813 to the local health

30 department having jurisdiction over the applicant's business address for partial reimbursement
31 [of] for the cost of transporting and processing a waste [tires] tire or [materials] a material
32 derived from a waste [tires] tire that:
33 (i) [meet] meets the requirements of Subsections (3) and (4); and
34 (ii) [are] is used within the state for:
35 (A) energy recovery or production;
36 (B) the creation of an ultimate [products] product;
37 (C) the production of crumb rubber, if a contract exists for the sale of the crumb rubber
38 for use, either within or outside the state, as a component in an ultimate product;
39 (D) the production of a chipped [tires] tire, if:
40 (I) the chipped [tires are to be applied to a beneficial use] tire is beneficially used, either
41 within or outside the state[,]; and
42 (II) a contract exists for [their] the sale of the chipped tire; or
43 (E) [any] a use defined [by board rule] in rule as recycling.
44 (b) A recycler is not eligible to receive partial reimbursement [of] for transportation or
45 processing costs related to the creation of an ultimate product if:
46 (i) the recycler used crumb rubber as a component of the ultimate product; and
47 (ii) the recycler, or another recycler, previously received under this section partial
48 reimbursement [of] for transportation or processing costs related to the production of the crumb
49 rubber.
50 (c) A recycler who qualifies under this section for partial reimbursement may waive the
51 reimbursement and request in writing that the reimbursement be paid to a person who:
52 (i) delivers a waste [tires] tire or material derived from a waste [tires] tire to the
53 recycler; or
54 (ii) processes the waste [tires] tire prior to the recycler's receipt of the waste [tires] tire
55 or [materials] a material derived from the waste [tires] tire for recycling.
56 (2) Subject to the limitations in Section 19-6-816 , a recycler is entitled to:
57 (a) [$90] $65 as partial reimbursement for each ton of waste tires or material derived

58 from waste tires converted to crumb rubber, if a contract exists for the sale of the crumb rubber
59 for use as a component in an ultimate product;
60 (b) [$75] $50 as partial reimbursement for each ton of waste tires or material derived
61 from waste tires recycled, other than as crumb rubber; and
62 (c) [$45] $20 as partial reimbursement for each ton of chipped tires used for a beneficial
63 use.
64 (3) (a) [In order for a] A recycler [to be] is eligible for a partial reimbursement[,] if the
65 recycler [shall establish] establishes, in cooperation with a tire [retailers or transporters] retailer
66 or transporter, or both, a reasonable schedule to remove waste tires in sufficient quantities to
67 allow for economic transportation of waste tires located in [any] a municipality, as defined in
68 Section 10-1-104 , within the state [as defined in Section 10-1-104 ].
69 (b) A recycler [complying with] who is eligible for partial reimbursement under
70 Subsection (3)(a) may also receive partial reimbursement for recycling [tires] a tire received
71 from [locations] a location within the state other than those associated with a retail tire
72 [businesses] business, including a waste [tires] tire from a waste tire [piles and] pile or an
73 abandoned waste tire [piles, under] pile, as provided by Section 19-6-810 .
74 (4) A recycler who applies for partial reimbursement under Subsection (1) shall
75 demonstrate to the local health department identified in Subsection (1)(a) that:
76 (a) the waste [tires or materials] tire or material derived from a waste [tires] tire that
77 [qualify] qualifies for the reimbursement was:
78 [(a) (i) were] (i) (A) removed and transported by a registered waste tire transporter, a
79 recycler, or a tire retailer; or
80 [(ii) were] (B) generated by a private person who:
81 (I) is not a waste tire transporter as defined in Section 19-6-803 [,]; and [that person]
82 (II) brings the waste [tires] tire to the recycler; and
83 [(b) were] (ii) generated in the state; and
84 [(c)] (b) if the [tires are] tire is from a waste tire pile or abandoned waste tire pile, the
85 recycler [complies] complied with the [applicable provisions] requirements 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] A waste tire may be disposed of in a
89 landfill [in Utah operated by a state or local governmental entity or in a commercial landfill in
90 Utah] if:
91 (a) the land fill is operated in compliance with [all relevant] the requirements of Title
92 19, Chapter 6, Part 1, Solid and Hazardous Waste Act[, if:];
93 [(a)] (b) the waste [tires are] tire is shredded; and
94 [(b)] (c) the waste [tires are] tire is stored in a segregated cell or other landfill facility
95 that ensures that the disposed shredded waste [tires are] tire is in a clean and accessible
96 condition so [they] that the waste tire may be reasonably retrieved and recycled at a future time.
97 (2) [(a)] The owner or operator of [the] a landfill may apply [for and receive] to the
98 local health department having jurisdiction over the applicant's business address for
99 reimbursement of [$30] $20 per ton of waste tires placed in [a] the landfill if:
100 (a) the waste tires are disposed in compliance with Subsection (1)[, but only if];
101 (b) the waste tires are generated from [tires used in] within the state[, and not from
102 used tires or waste tires brought in from out of state.]; and
103 [(b) An application for payment under this subsection shall include complete records,
104 including]
105 (c) the application includes:
106 (i) the site from which the waste tires are removed[,];
107 (ii) the landfill where the waste tires are disposed[,]; and
108 (iii) the amount of shredded tires disposed.
109 (3) [The] An application [process for receiving payment] for reimbursement under this
110 section is substantially the same as the application process [for] required of recyclers applying
111 for partial reimbursement under [this part] Section 19-6-813 .
112 (4) [Waste tires, in any form,] A waste tire, for which reimbursement is paid under this
113 section, [are not subject to any further or] is not eligible for additional reimbursement under this

114 part [at any time].
115 [(5) Reimbursement under this section may only be made for waste tires that have been
116 shredded and placed in a landfill in compliance with this section.]