7 LONG TITLE
8 General Description:
9 This bill addresses waste tires.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies definitions related to waste tire piles;
13 ▸ increases the number of whole waste tires a person may transfer at one time to a
14 landfill or any other location in the state authorized by the director to receive waste
16 ▸ addresses storage of whole waste tires;
17 ▸ extends the relevant sunset date; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 19-6-803, as last amended by Laws of Utah 2019, Chapter 114
26 19-6-804, as last amended by Laws of Utah 2012, Chapters 263 and 360
27 63I-1-219, as last amended by Laws of Utah 2019, Chapters 62, 63, 64, 65, 246, 469,
28 and 477
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 19-6-803 is amended to read:
32 19-6-803. Definitions.
33 As used in this part:
34 (1) "Abandoned waste tire pile" means a waste tire pile regarding which the local
35 department of health has not been able to:
36 (a) locate the persons responsible for the tire pile; or
37 (b) cause the persons responsible for the tire pile to remove the tire pile.
38 (2) (a) "Beneficial use" means the use of chipped tires in a manner that is not recycling,
39 storage, or disposal, but that serves as a replacement for another product or material for specific
41 (b) "Beneficial use" includes the use of chipped tires:
42 (i) as daily landfill cover;
43 (ii) for civil engineering purposes;
44 (iii) as low-density, light-weight aggregate fill; or
45 (iv) for septic or drain field construction.
46 (c) "Beneficial use" does not include the use of waste tires or material derived from
47 waste tires:
48 (i) in the construction of fences; or
49 (ii) as fill, other than low-density, light-weight aggregate fill.
50 (3) "Board" means the Waste Management and Radiation Control Board created under
51 Section 19-1-106.
52 (4) "Chip" or "chipped tire" means a two inch square or smaller piece of a waste tire.
53 (5) "Commission" means the Utah State Tax Commission.
54 (6) (a) "Consumer" means a person who purchases a new tire to satisfy a direct need,
55 rather than for resale.
56 (b) "Consumer" includes a person who purchases a new tire for a motor vehicle to be
57 rented or leased.
58 (7) "Crumb rubber" means waste tires that have been ground, shredded, or otherwise
59 reduced in size such that the particles are less than or equal to 3/4 inch in diameter and are 98%
60 wire free by weight.
61 (8) "Director" means the director of the Division of Waste Management and Radiation
63 (9) "Disposal" means the deposit, dumping, or permanent placement of waste tire in or
64 on land or in water in the state.
65 (10) "Dispose of" means to deposit, dump, or permanently place waste tire in or on
66 land or in water in the state.
67 (11) "Division" means the Division of Waste Management and Radiation Control
68 created in Section 19-1-105.
69 (12) "Fund" means the Waste Tire Recycling Fund created in Section 19-6-807.
70 (13) "Landfill waste tire pile" means a waste tire pile:
71 (a) located within the permitted boundary of a landfill operated by a governmental
72 entity; and
73 (b) consisting solely of waste tires brought to a landfill for disposal and diverted from
74 the landfill waste stream to the waste tire pile.
75 (14) "Local health department" means the local health department, as defined in
76 Section 26A-1-102, with jurisdiction over the recycler.
77 (15) "Materials derived from waste tires" means tire sections, tire chips, tire
78 shreddings, rubber, steel, fabric, or other similar materials derived from waste tires.
79 (16) "Mobile facility" means a mobile facility capable of cutting waste tires on site so
80 the waste tires may be effectively disposed of by burial, such as in a landfill.
81 (17) "New motor vehicle" means a motor vehicle that has never been titled or
83 (18) "Passenger tire equivalent" means a measure of mixed sizes of tires where each 25
84 pounds of whole tires or material derived from waste tires is equal to one waste tire.
85 (19) "Proceeds of the fee" means the money collected by the commission from
86 payment of the recycling fee including interest and penalties on delinquent payments.
87 (20) "Recycler" means a person who:
88 (a) annually uses, or can reasonably be expected within the next year to use, a
89 minimum of 100,000 waste tires generated in the state or 1,000 tons of waste tires generated in
90 the state to recover energy or produce energy, crumb rubber, chipped tires, or an ultimate
91 product; and
92 (b) is registered as a recycler in accordance with Section 19-6-806.
93 (21) "Recycling fee" means the fee provided for in Section 19-6-805.
94 (22) "Shredded waste tires" means waste tires or material derived from waste tires that
95 has been reduced to a six inch square or smaller.
96 (23) (a) "Storage" means the placement of waste tires in a manner that does not
97 constitute disposal of the waste tires.
98 (b) "Storage" does not include:
99 (i) the use of waste tires as ballast to maintain covers on agricultural materials or to
100 maintain covers at a construction site;
101 (ii) the storage for five or fewer days of waste tires or material derived from waste tires
102 that are to be recycled or applied to a beneficial use; or
103 (iii) the storage of a waste tire before the tire is:
104 (A) resold wholesale or retail; or
105 (B) recapped.
106 (24) (a) "Store" means to place waste tires in a manner that does not constitute disposal
107 of the waste tires.
108 (b) "Store" does not include:
109 (i) to use waste tires as ballast to maintain covers on agricultural materials or to
110 maintain covers at a construction site; or
111 (ii) to store for five or fewer days waste tires or material derived from waste tires that
112 are to be recycled or applied to a beneficial use.
113 (25) "Tire" means a pneumatic rubber covering designed to encircle the wheel of a
114 vehicle in which a person or property is or may be transported or drawn upon a highway.
115 (26) "Tire retailer" means a person engaged in the business of selling new tires either
116 as replacement tires or as part of a new vehicle sale.
117 (27) (a) "Ultimate product" means a product that has as a component materials derived
118 from waste tires and that the director finds has a demonstrated market.
119 (b) "Ultimate product" includes pyrolized materials derived from:
120 (i) waste tires; or
121 (ii) chipped tires.
122 (c) "Ultimate product" does not include a product regarding which a waste tire remains
123 after the product is disposed of or disassembled.
124 (28) "Waste tire" means:
125 (a) a tire that is no longer suitable for the tire's original intended purpose because of
126 wear, damage, or defect; or
127 (b) a tire that a tire retailer removes from a vehicle for replacement with a new or used
129 (29) "Waste tire pile" means a pile of [
130 (30) (a) "Waste tire transporter" means a person engaged in picking up or transporting
131 at one time more than 10 whole waste tires, or the equivalent amount of material derived from
132 waste tires, generated in Utah for the purpose of storage, processing, or disposal.
133 (b) "Waste tire transporter" includes a person engaged in the business of collecting,
134 hauling, or transporting waste tires or who performs these functions for another person, except
135 as provided in Subsection (30)(c).
136 (c) "Waste tire transporter" does not include:
137 (i) a person transporting waste tires generated solely by:
138 (A) that person's personal vehicles;
139 (B) a commercial vehicle fleet owned or operated by that person or that person's
141 (C) vehicles sold, leased, or purchased by a motor vehicle dealership owned or
142 operated by that person or that person's employer; or
143 (D) a retail tire business owned or operated by that person or that person's employer;
144 (ii) a solid waste collector operating under a license issued by a unit of local
145 government as defined in Section 63M-5-103, or a local health department;
146 (iii) a recycler of waste tires;
147 (iv) a person transporting tires by rail as a common carrier subject to federal regulation;
149 (v) a person transporting processed or chipped tires.
150 Section 2. Section 19-6-804 is amended to read:
151 19-6-804. Restrictions on disposal and transfer of tires -- Penalties.
152 (1) (a) An individual, including a waste tire transporter, may not [
153 for temporary storage more than [
154 other location in the state authorized by the director to receive waste tires, except for purposes
155 authorized by board rule.
156 (b) Tires are exempt from this Subsection (1) if the original tire has a rim diameter
157 greater than 24.5 inches.
158 (c) [
159 store waste tires in any manner not allowed under this part or rules made under this part.
160 (2) The operator of the landfill or other authorized location shall direct that the waste
161 tires be [
162 available for the disposed waste tires or material derived from waste tires.
163 (3) An individual, including a waste tire transporter, may dispose of shredded waste
164 tires in a landfill in accordance with Section 19-6-812, and may also, without reimbursement,
165 dispose in a landfill materials derived from waste tires that do not qualify for reimbursement
166 under Section 19-6-812, but the landfill shall dispose of the material in accordance with
167 Section 19-6-812.
168 (4) A tire retailer may only transfer ownership of a waste tire described in Subsection
169 19-6-803(28)(b) to:
170 (a) a person who purchases it for the person's own use and not for resale; or
171 (b) a waste tire transporter that:
172 (i) is registered in accordance with Section 19-6-806; and
173 (ii) agrees to transport the tire to:
174 (A) a tire retailer that sells the tire wholesale or retail; or
175 (B) a recycler.
176 (5) (a) An individual, including a waste tire transporter, violating this section is subject
177 to enforcement proceedings and a civil penalty of not more than $100 per waste tire or per
178 passenger tire equivalent disposed of in violation of this section. A warning notice may be
179 issued [
180 (b) A civil proceeding to enforce this section and collect penalties under this section
181 may be brought in the district court where the violation occurred by the director, the local
182 health department, or the county attorney having jurisdiction over the location where the tires
183 were disposed in violation of this section.
184 (c) Penalties collected under this section shall be deposited in the fund.
185 Section 3. Section 63I-1-219 is amended to read:
186 63I-1-219. Repeal dates, Title 19.
187 (1) Title 19, Chapter 2, Air Conservation Act, is repealed July 1, 2029.
188 (2) Section 19-2a-102 is repealed July 1, 2021.
189 (3) Section 19-2a-104 is repealed July 1, 2022.
190 (4) Title 19, Chapter 4, Safe Drinking Water Act, is repealed July 1, 2024.
191 (5) Title 19, Chapter 5, Water Quality Act, is repealed July 1, 2029.
192 (6) Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, is repealed July 1,
194 (7) Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act, is repealed July
195 1, 2020.
196 (8) Title 19, Chapter 6, Part 4, Underground Storage Tank Act, is repealed July 1,
198 (9) Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal, is repealed July 1, 2026.
199 (10) Title 19, Chapter 6, Part 7, Used Oil Management Act, is repealed July 1, 2029.
200 (11) Title 19, Chapter 6, Part 8, Waste Tire Recycling Act, is repealed July 1, [
202 (12) Title 19, Chapter 6, Part 10, Mercury Switch Removal Act, is repealed July 1,