1     
WASTE TIRE RECYCLING AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen G. Handy

5     
Senate Sponsor: Todd D. Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to waste tire recycling.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies 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:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
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25          19-6-822, as repealed and reenacted by Laws of Utah 2012, Chapter 263
26     

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
37     purposes.
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

59     Control.
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
79     registered.
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.
116          [(27)] (28) (a) "Ultimate product" means a product that has as a component materials
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.
123          [(28)] (29) "Waste tire" means:
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
127     tire.
128          [(29)] (30) "Waste tire pile" means a pile of 200 or more waste tires at one location.
129          [(30)] (31) (a) "Waste tire transporter" means a person engaged in picking up or
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 [(30)] (31)(c).
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
139     employer;
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;
147     or
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 [or a landfill waste tire pile operated by a state or local governmental entity] located
154     within that county or municipality and deliver the waste tires to a recycler.
155          (b) (i) An operator of a state or local 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).
161          [(b)] (c) (i) The director may authorize a maximum reimbursement of[: (i) subject to
162     Subsection (1)(d),] 100% of a waste tire transporter's or recycler's costs, subject to Subsections
163     (1)(e) and (f) and as allowed under Subsection (2), to remove waste tires from an abandoned
164     waste tire pile or landfill waste tire pile and deliver the waste tires to a recycler[, if:].
165          [(A) waste tires have been added to the abandoned waste tire pile or landfill waste tire
166     pile on or after July 1, 2001; and]
167          [(B) the county is a county of the third, fourth, fifth, or sixth class, or the municipality
168     is located in a county of the third, fourth, fifth, or sixth class;]
169          [(ii) subject to Subsection (1)(d), 60% of a waste tire transporter's or recycler's costs
170     allowed under Subsection (2) to remove waste tires from an abandoned waste tire pile or
171     landfill waste tire pile and deliver the waste tires to a recycler, if:]
172          [(A) waste tires have been added to the abandoned waste tire pile or landfill waste tire
173     pile on or after July 1, 2001; and]
174          [(B) the county is a county of the first or second class, or the municipality is in a
175     county of the first or second class; or]
176          [(iii) subject to Subsection (1)(d), 60% of waste tire transporter's or recycler's costs
177     allowed under Subsection (2) to remove waste tires from an abandoned waste tire pile or
178     landfill waste tire pile and deliver the waste tires to a recycler if the waste tires have been
179     added to the abandoned waste tire pile and landfill waste tire pile on or after July 1, 2001, and
180     the reimbursement is for:]
181          [(A) an interlocal cooperative agency;]
182          [(B) a special district; or]

183          [(C) a waste transfer station.]
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.
186          [(c)] (d) The director may deny an application for payment of waste tire pile removal
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.
190          [(d)] (e) [In order to] To be eligible for reimbursement under [Subsections (1)(a) and
191     (b)] Subsection (1)(a), a county or municipality shall receive a minimum of two 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
205     tires.
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 [State Capitol Building, in
209     Salt Lake City, Utah, or to the recycler, whichever is less] recycler.
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

214     (2).
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) [The] When waste tire piles are removed or transported by a third-party waste
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 [landfill or] abandoned
220     waste tire pile and transport to a recycler.
221          (b) The county or municipality shall submit to the director:
222          [(i) (A) (I) a statement from the local health department stating the landfill waste tire
223     pile is operated by a state or local governmental entity and consists solely of waste tires
224     diverted from the landfill waste stream;]
225          [(II) a description of the size and location of the landfill waste tire pile; and]
226          [(III) landfill records showing the origin of the waste tires; or]
227          [(B)] (i) a statement from the local health department that the waste tire pile is
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 [landfill or] abandoned waste tire pile;
234          (ii) the number and size of any other [landfill or] abandoned waste tire piles in the area;
235     and
236          (iii) the current market for waste tires of the type in the [landfill or] abandoned waste
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 [landfill or] abandoned waste tire pile removed pursuant to the bid.
242          (b) The county or municipality shall advise the director that the [landfill or] abandoned
243     waste tire pile has been removed.
244          (6) The recycler or waste tire transporter that removed the [landfill or] abandoned

245     waste tires pursuant to the bid shall submit to the director a copy of the manifest, which shall
246     state:
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.
258          [(7)] (8) Upon receipt of the information required under Subsection (6) or (7), and
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);
277          [(8)] (9) Subsection 19-6-812(2); or
278          [(9)] (10) Subsection 19-6-813(1).