7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to waste tire recycling.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies Ĥ→ definition ←Ĥ provisions;
13 ▸ changes the process and limitations on the funding for management of certain
14 landfill or abandoned waste tire piles;
15 ▸ addresses criminal penalties; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 19-6-803, as last amended by Laws of Utah 2020, Chapter 27
24 19-6-811, as last amended by Laws of Utah 2019, Chapter 70
25 19-6-822, as repealed and reenacted by Laws of Utah 2012, Chapter 263
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 19-6-803 is amended to read:
29 19-6-803. Definitions.
30 As used in this part:
31 (1) "Abandoned waste tire pile" means a waste tire pile regarding which the local
32 department of health has not been able to:
33 (a) locate the persons responsible for the tire pile; or
34 (b) cause the persons responsible for the tire pile to remove the tire pile.
35 (2) (a) "Beneficial use" means the use of chipped tires in a manner that is not recycling,
36 storage, or disposal, but that serves as a replacement for another product or material for specific
38 (b) "Beneficial use" includes the use of chipped tires:
39 (i) as daily landfill cover;
40 (ii) for civil engineering purposes;
41 (iii) as low-density, light-weight aggregate fill; or
42 (iv) for septic or drain field construction.
43 (c) "Beneficial use" does not include the use of waste tires or material derived from
44 waste tires:
45 (i) in the construction of fences; or
46 (ii) as fill, other than low-density, light-weight aggregate fill.
47 (3) "Board" means the Waste Management and Radiation Control Board created under
48 Section 19-1-106.
49 (4) "Chip" or "chipped tire" means a two inch square or smaller piece of a waste tire.
50 (5) "Commission" means the Utah State Tax Commission.
51 (6) (a) "Consumer" means a person who purchases a new tire to satisfy a direct need,
52 rather than for resale.
53 (b) "Consumer" includes a person who purchases a new tire for a motor vehicle to be
54 rented or leased.
55 (7) "Crumb rubber" means waste tires that have been ground, shredded, or otherwise
56 reduced in size such that the particles are less than or equal to 3/4 inch in diameter and are 98%
57 wire free by weight.
58 (8) "Director" means the director of the Division of Waste Management and Radiation
60 (9) "Disposal" means the deposit, dumping, or permanent placement of waste tire in or
61 on land or in water in the state.
62 (10) "Dispose of" means to deposit, dump, or permanently place waste tire in or on
63 land or in water in the state.
64 (11) "Division" means the Division of Waste Management and Radiation Control
65 created in Section 19-1-105.
66 (12) "Fund" means the Waste Tire Recycling Fund created in Section 19-6-807.
67 (13) "Landfill waste tire pile" means a waste tire pile:
68 (a) located within the permitted boundary of a landfill or transfer station operated by a
69 governmental entity; and
70 (b) consisting solely of waste tires brought to a landfill or transfer station for disposal
71 and diverted from the landfill or transfer station waste stream to the waste tire pile.
72 (14) "Local health department" means the local health department, as defined in
73 Section 26A-1-102, with jurisdiction over the recycler.
74 (15) "Materials derived from waste tires" means tire sections, tire chips, tire
75 shreddings, rubber, steel, fabric, or other similar materials derived from waste tires.
76 (16) "Mobile facility" means a mobile facility capable of cutting waste tires on site so
77 the waste tires may be effectively disposed of by burial, such as in a landfill.
78 (17) "New motor vehicle" means a motor vehicle that has never been titled or
80 (18) "Passenger tire equivalent" means a measure of mixed sizes of tires where each 25
81 pounds of whole tires or material derived from waste tires is equal to one waste tire.
82 (19) "Proceeds of the fee" means the money collected by the commission from
83 payment of the recycling fee including interest and penalties on delinquent payments.
84 (20) "Recycler" means a person who:
85 (a) annually uses, or can reasonably be expected within the next year to use, a
86 minimum of 100,000 waste tires generated in the state or 1,000 tons of waste tires generated in
87 the state to recover energy or produce energy, crumb rubber, chipped tires, or an ultimate
88 product; and
89 (b) is registered as a recycler in accordance with Section 19-6-806.
90 (21) "Recycling fee" means the fee provided for in Section 19-6-805.
91 (22) "Shredded waste tires" means waste tires or material derived from waste tires that
92 has been reduced to a six inch square or smaller.
93 (23) (a) "Storage" means the placement of waste tires in a manner that does not
94 constitute disposal of the waste tires.
95 (b) "Storage" does not include:
96 (i) the use of waste tires as ballast to maintain covers on agricultural materials or to
97 maintain covers at a construction site;
98 (ii) the storage for five or fewer days of waste tires or material derived from waste tires
99 that are to be recycled or applied to a beneficial use; or
100 (iii) the storage of a waste tire before the tire is:
101 (A) resold wholesale or retail; or
102 (B) recapped.
103 (24) (a) "Store" means to place waste tires in a manner that does not constitute disposal
104 of the waste tires.
105 (b) "Store" does not include:
106 (i) to use waste tires as ballast to maintain covers on agricultural materials or to
107 maintain covers at a construction site; or
108 (ii) to store for five or fewer days waste tires or material derived from waste tires that
109 are to be recycled or applied to a beneficial use.
110 (25) "Tire" means a pneumatic rubber covering designed to encircle the wheel of a
111 vehicle in which a person or property is or may be transported or drawn upon a highway.
112 (26) "Tire retailer" means a person engaged in the business of selling new tires either
113 as replacement tires or as part of a new vehicle sale.
114 (27) "Transfer station" is defined by rule made by the board in accordance with Title
115 63G, Chapter 3, Utah Administrative Rulemaking Act.
117 derived from waste tires and that the director finds has a demonstrated market.
118 (b) "Ultimate product" includes pyrolized materials derived from:
119 (i) waste tires; or
120 (ii) chipped tires.
121 (c) "Ultimate product" does not include a product regarding which a waste tire remains
122 after the product is disposed of or disassembled.
124 (a) a tire that is no longer suitable for the tire's original intended purpose because of
125 wear, damage, or defect; or
126 (b) a tire that a tire retailer removes from a vehicle for replacement with a new or used
130 transporting at one time more than 10 whole waste tires, or the equivalent amount of material
131 derived from waste tires, generated in Utah for the purpose of storage, processing, or disposal.
132 (b) "Waste tire transporter" includes a person engaged in the business of collecting,
133 hauling, or transporting waste tires or who performs these functions for another person, except
134 as provided in Subsection [
135 (c) "Waste tire transporter" does not include:
136 (i) a person transporting waste tires generated solely by:
137 (A) that person's personal vehicles;
138 (B) a commercial vehicle fleet owned or operated by that person or that person's
140 (C) vehicles sold, leased, or purchased by a motor vehicle dealership owned or
141 operated by that person or that person's employer; or
142 (D) a retail tire business owned or operated by that person or that person's employer;
143 (ii) a solid waste collector operating under a license issued by a unit of local
144 government as defined in Section 63M-5-103, or a local health department;
145 (iii) a recycler of waste tires;
146 (iv) a person transporting tires by rail as a common carrier subject to federal regulation;
148 (v) a person transporting processed or chipped tires.
149 Section 2. Section 19-6-811 is amended to read:
150 19-6-811. Funding for management of certain waste tire piles -- Limitations.
151 (1) (a) A county or municipality may apply to the director for payment from the fund
152 for costs of a waste tire transporter or recycler to remove waste tires from an abandoned waste
153 tire pile [
154 within that county or municipality and deliver the waste tires to a recycler.
155 (b) (i) Ĥ→ [
155a government landfill or of a transfer station may
156 apply to the director for payment from the fund for costs to remove waste tires from a waste
157 tire pile located at that landfill or transfer station and deliver the waste tires to a recycler.
158 (ii) If the removal and delivery of waste tires is to be conducted by a registered
159 third-party waste tire transporter or recycler, the operator of a state or local government landfill
160 or transfer station is subject to the competitive bidding process of Subsections (3) through (5).
160a Ĥ→ (iii) For a state or local government landfill or a transfer station located in a
160b county of the first or second class, the division:
160c (A) shall reimburse under Subsection (1)(b)(i) an operator of the state or local
160d government landfill or of a transfer station in the order that the operator submits a completed
160e request for reimbursement under Subsection (1)(b)(i); and
160f (B) may not reimburse an operator of a state or local government landfill or a transfer
160g station located in a county of the first or second class if, at the time the operator submits the
160h operator's request for reimbursement, the aggregate of the reimbursements to state or local
160i government landfills or transfer stations located in a county of the first or second class made
160j under Subsection (1)(b)(i) in a fiscal year equals $80,000.
160k (iv) Subsection (1)(b)(iii) does not apply to a state or local government landfill or
160l transfer station that is located in a county of the third through sixth class. ←Ĥ
163 (1)(e) and (f) and as allowed under Subsection (2), to remove waste tires from an abandoned
164 waste tire pile Ĥ→ located in a municipality or county ←Ĥ or Ĥ→ a state or local
164a government ←Ĥ landfill waste tire pile and deliver the waste tires to a recycler[
184 (ii) The cost of transporting waste tires from a transfer station to a landfill operated by
185 a governmental entity is not eligible for reimbursement.
187 and delivery costs, if the director determines that payment of the costs will result in there not
188 being sufficient money in the fund to pay expected reimbursements for recycling or beneficial
189 use under Section 19-6-809 during the next quarter.
191a eligible bids
192 for transportation or recycling, unless it is impossible to receive two eligible bids due to a
193 transporter or recycler:
194 (i) declining to offer a bid for the project; or
195 (ii) not being in compliance with state statute or rules made in accordance with Title
196 63G, Chapter 3, Utah Administrative Rulemaking Act.
197 (f) To be eligible for reimbursement under Subsection (1)(b), an operator of a state or
198 local government landfill or transfer station shall submit to the director:
199 (i) a statement:
200 (A) confirming that the waste tires were received at the landfill or transfer station;
201 (B) confirming that the landfill waste tire pile consists solely of waste tires diverted
202 from the landfill or transfer station waste stream; and
203 (C) describing the size and location of the landfill waste tire pile; and
204 (ii) landfill or transfer station waste receipt records indicating the origin of the waste
206 (2) (a) The maximum number of miles for which the director may reimburse for
207 transportation costs incurred by a waste tire transporter under this section is the number of
208 miles, one way, between the location of the waste tire pile and the [
210 (b) This maximum number of miles available for reimbursement applies regardless of
211 the location of the recycler to which the waste tires are transported under this section.
212 (c) The director shall, upon request, advise any person preparing a bid under this
213 section of the maximum number of miles available for reimbursement under this Subsection
215 (d) The cost under this Subsection (2) shall be calculated based on the cost to transport
216 one ton of waste tires one mile.
217 (3) (a) [
218 tire transporter or recycler, the county or municipality shall through a competitive bidding
219 process make a good faith attempt to obtain a bid for the removal of the [
220 waste tire pile and transport to a recycler.
221 (b) The county or municipality shall submit to the director:
228 abandoned; and
229 (ii) (A) the bid selected by the county or municipality; or
230 (B) if no bids were received, a statement to that fact.
231 (4) (a) If a bid is submitted, the director shall determine if the bid is reasonable, taking
232 into consideration:
233 (i) the location and size of the [
234 (ii) the number and size of any other [
236 (iii) the current market for waste tires of the type in the [
237 tire pile.
238 (b) The director shall advise the county or municipality within 30 days of receipt of the
239 bid whether or not the bid is determined to be reasonable.
240 (5) (a) If the bid is found to be reasonable, the county or municipality may proceed to
241 have the [
242 (b) The county or municipality shall advise the director that the [
243 waste tire pile has been removed.
244 (6) The recycler or waste tire transporter that removed the [
245 waste tires pursuant to the bid shall submit to the director a copy of the manifest, which shall
247 (a) the number or tons of waste tires transported;
248 (b) the location from which they were removed;
249 (c) the recycler to which the waste tires were delivered; and
250 (d) the amount charged by the transporter or recycler.
251 (7) An operator of a state or local government landfill or transfer station shall submit to
252 the director a statement providing:
253 (a) the number or tons of waste tires removed from the landfill or transfer station;
254 (b) the location from which the waste tires were removed;
255 (c) the recycler to which the waste tires were delivered; and
256 (d) if applicable, the amount charged by a third-party waste tire transporter or recycler
257 to transport the waste tires to the recycler.
259 determination that the information is complete, the director shall, within 30 days after receipt
260 authorize the Division of Finance to reimburse the waste tire transporter or recycler the amount
261 established under this section.
262 (9) A person reimbursed under this section may not be reimbursed under Section
263 19-6-809, 19-6-812, or 19-6-813 for the same activities that underlay eligibility for
264 reimbursement under this section.
265 Section 3. Section 19-6-822 is amended to read:
266 19-6-822. Criminal penalties.
267 A person is guilty of a third degree felony if the person knowingly or intentionally
268 provides or submits false information under the following provisions:
269 (1) Subsection 19-6-809(1)(a);
270 (2) Subsection 19-6-809(1)(c);
271 (3) Subsection 19-6-809(4);
272 (4) Subsection 19-6-810(1)(c);
273 (5) Subsection 19-6-810(2)(d);
274 (6) Subsection 19-6-811(3)(b);
275 (7) Subsection 19-6-811(6);
276 (8) Subsection 19-6-811(7);