1     
TIRE RECYCLING AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Scott D. Sandall

5     
House Sponsor: Carl R. Albrecht

6     

7     LONG TITLE
8     General Description:
9          This bill modifies reimbursement provisions of the Waste Tire Recycling Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses the director of the Division of Waste Management and Radiation Control
13     authority to authorize reimbursement of a waste tire transporter's or recycler's cost;
14     and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          19-6-811, as last amended by Laws of Utah 2012, Chapter 360
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 19-6-811 is amended to read:
26          19-6-811. Funding for management of certain landfill or abandoned waste tire
27     piles -- Limitations.
28          (1) (a) A county or municipality may apply to the director for payment from the fund
29     for costs of a waste tire transporter or recycler to remove waste tires from an abandoned waste

30     tire pile or a landfill waste tire pile operated by a state or local governmental entity and deliver
31     the waste tires to a recycler.
32          (b) The director may authorize a maximum reimbursement of:
33          (i) subject to Subsection (1)(d), 100% of a waste tire transporter's or recycler's costs
34     allowed under Subsection (2) to remove waste tires from an abandoned waste tire pile or
35     landfill waste tire pile and deliver the waste tires to a recycler, if:
36          (A) [no] waste tires have been added to the abandoned waste tire pile or landfill waste
37     tire pile on or after July 1, 2001; [or] and
38          (B) the county is a county of the third, fourth, fifth, or sixth class, or the municipality is
39     located in a county of the third, fourth, fifth, or sixth class;
40          (ii) subject to Subsection (1)(d), 60% of a waste tire transporter's or recycler's costs
41     allowed under Subsection (2) to remove waste tires from an abandoned waste tire pile or
42     landfill waste tire pile and deliver the waste tires to a recycler, if:
43          (A) waste tires have been added to the abandoned waste tire pile or landfill waste tire
44     pile on or after July 1, 2001[.]; and
45          (B) the county is a county of the first or second class, or the municipality is in a county
46     of the first or second class; or
47          (iii) subject to Subsection (1)(d), 60% of waste tire transporter's or recycler's costs
48     allowed under Subsection (2) to remove waste tires from an abandoned waste tire pile or
49     landfill waste tire pile and deliver the waste tires to a recycler if the waste tires have been
50     added to the abandoned waste tire pile and landfill waste tire pile on or after July 1, 2001, and
51     the reimbursement is for:
52          (A) an interlocal cooperative agency;
53          (B) a special district; or
54          (C) a waste transfer station.
55          (c) The director may deny an application for payment of waste tire pile removal and
56     delivery costs, if the director determines that payment of the costs will result in there not being
57     sufficient money in the fund to pay expected reimbursements for recycling or beneficial use

58     under Section 19-6-809 during the next quarter.
59          (d) In order to be eligible for reimbursement under Subsections (1)(a) and (b), a county
60     or municipality shall receive a minimum of two eligible bids for transportation or recycling,
61     unless it is impossible to receive two eligible bids due to a transporter or recycler:
62          (i) declining to offer a bid for the project; or
63          (ii) not being in compliance with state statute or rules made in accordance with Title
64     63G, Chapter 3, Utah Administrative Rulemaking Act.
65          (2) (a) The maximum number of miles for which the director may reimburse for
66     transportation costs incurred by a waste tire transporter under this section is the number of
67     miles, one way, between the location of the waste tire pile and the State Capitol Building, in
68     Salt Lake City, Utah, or to the recycler, whichever is less.
69          (b) This maximum number of miles available for reimbursement applies regardless of
70     the location of the recycler to which the waste tires are transported under this section.
71          (c) The director shall, upon request, advise any person preparing a bid under this
72     section of the maximum number of miles available for reimbursement under this Subsection
73     (2).
74          (d) The cost under this Subsection (2) shall be calculated based on the cost to transport
75     one ton of waste tires one mile.
76          (3) (a) The county or municipality shall through a competitive bidding process make a
77     good faith attempt to obtain a bid for the removal of the landfill or abandoned waste tire pile
78     and transport to a recycler.
79          (b) The county or municipality shall submit to the director:
80          (i) (A) (I) a statement from the local health department stating the landfill waste tire
81     pile is operated by a state or local governmental entity and consists solely of waste tires
82     diverted from the landfill waste stream;
83          (II) a description of the size and location of the landfill waste tire pile; and
84          (III) landfill records showing the origin of the waste tires; or
85          (B) a statement from the local health department that the waste tire pile is abandoned;

86     and
87          (ii) (A) the bid selected by the county or municipality; or
88          (B) if no bids were received, a statement to that fact.
89          (4) (a) If a bid is submitted, the director shall determine if the bid is reasonable, taking
90     into consideration:
91          (i) the location and size of the landfill or abandoned waste tire pile;
92          (ii) the number and size of any other landfill or abandoned waste tire piles in the area;
93     and
94          (iii) the current market for waste tires of the type in the landfill or abandoned waste tire
95     pile.
96          (b) The director shall advise the county or municipality within 30 days of receipt of the
97     bid whether or not the bid is determined to be reasonable.
98          (5) (a) If the bid is found to be reasonable, the county or municipality may proceed to
99     have the landfill or abandoned waste tire pile removed pursuant to the bid.
100          (b) The county or municipality shall advise the director that the landfill or abandoned
101     waste tire pile has been removed.
102          (6) The recycler or waste tire transporter that removed the landfill or abandoned waste
103     tires pursuant to the bid shall submit to the director a copy of the manifest, which shall state:
104          (a) the number or tons of waste tires transported;
105          (b) the location from which they were removed;
106          (c) the recycler to which the waste tires were delivered; and
107          (d) the amount charged by the transporter or recycler.
108          (7) Upon receipt of the information required under Subsection (6), and determination
109     that the information is complete, the director shall, within 30 days after receipt authorize the
110     Division of Finance to reimburse the waste tire transporter or recycler the amount established
111     under this section.