Terms Used In Utah Code > Title 15A > Chapter 5 > Part 3 - Amendments and Additions to National Fire Protection Association Incorporated as Part of State Fire Code

• Abandoned waste tire pile: means a waste tire pile regarding which the local department of health has not been able to:
       (1)(a) locate the persons responsible for the tire pile; or
       (1)(b) cause the persons responsible for the tire pile to remove the tire pile. See Utah Code 19-6-803
• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• AHJ: means "authority having jurisdiction" which is:
       (2)(a) the State Fire Marshal;
       (2)(b) an authorized deputy of the State Fire Marshal; or
       (2)(c) the local fire enforcement authority. See Utah Code 15A-5-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Beneficial use: includes the use of chipped tires:
            (2)(b)(i) as daily landfill cover;
            (2)(b)(ii) for civil engineering purposes;
            (2)(b)(iii) as low-density, light-weight aggregate fill; or
            (2)(b)(iv) for septic or drain field construction. See Utah Code 19-6-803
• Board: means the Waste Management and Radiation Control Board, as defined in Section 19-1-106, within the Department of Environmental Quality. See Utah Code 19-6-902
• Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-1-102
• Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-6-803
• Certified decontamination specialist: means an individual who has met the standards for certification as a decontamination specialist and has been certified by the board under Subsection 19-6-906(2). See Utah Code 19-6-902
• chipped tire: means a two inch square or smaller piece of a waste tire. See Utah Code 19-6-803
• Commission: means the Utah State Tax Commission. See Utah Code 19-6-803
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer: includes a person who purchases a new tire for a motor vehicle to be rented or leased. See Utah Code 19-6-803
• contamination: means :
       (3)(a) polluted by hazardous materials that cause property to be unfit for human habitation or use due to immediate or long-term health hazards; or
       (3)(b) that a property is polluted by hazardous materials as a result of the use, production, or presence of methamphetamine in excess of decontamination standards adopted by the Department of Health and Human Services under Section 26B-7-409. See Utah Code 19-6-902
• Contamination list: means a list maintained by the local health department of properties:
       (4)(a) reported to the local health department under Section 19-6-903; and
       (4)(b) determined by the local health department to be contaminated. See Utah Code 19-6-902
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Crumb rubber: means waste tires that have been ground, shredded, or otherwise reduced in size such that the particles are less than or equal to 3/4 inch in diameter and are 98% wire free by weight. See Utah Code 19-6-803
• Decontaminated: means property that at one time was contaminated, but the contaminants have been removed. See Utah Code 19-6-902
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Environmental Quality. See Utah Code 19-1-103
• Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-803
• Disposal: means the deposit, dumping, or permanent placement of waste tire in or on land or in water in the state. See Utah Code 19-6-803
• Dispose of: means to deposit, dump, or permanently place waste tire in or on land or in water in the state. See Utah Code 19-6-803
• Division: means the Division of Waste Management and Radiation Control created in Section 19-1-105. See Utah Code 19-6-803
• Division: means the State Fire Marshal Division created in Section 53-7-103. See Utah Code 15A-5-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fund: means the Waste Tire Recycling Fund created in Section 19-6-807. See Utah Code 19-6-803
• Health department: means a local health department under Title 26A, Local Health Authorities. See Utah Code 19-6-902
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• IFC: means the edition of the International Fire Code adopted under Section 15A-5-103. See Utah Code 15A-5-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Landfill waste tire pile: means a waste tire pile:
       (13)(a) located within the permitted boundary of a landfill or transfer station operated by a governmental entity; and
       (13)(b) consisting solely of waste tires brought to a landfill or transfer station for disposal and diverted from the landfill or transfer station waste stream to the waste tire pile. See Utah Code 19-6-803
• Local health department: means the local health department, as defined in Section 26A-1-102, with jurisdiction over the recycler. See Utah Code 19-6-803
• Materials derived from waste tires: means tire sections, tire chips, tire shreddings, rubber, steel, fabric, or other similar materials derived from waste tires. See Utah Code 19-6-803
• Mobile facility: means a mobile facility capable of cutting waste tires on site so the waste tires may be effectively disposed of by burial, such as in a landfill. See Utah Code 19-6-803
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• NFPA: means the edition of the National Fire Protection Association adopted under Section 15A-5-103. See Utah Code 15A-5-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Passenger tire equivalent: means a measure of mixed sizes of tires where each 25 pounds of whole tires or material derived from waste tires is equal to one waste tire. See Utah Code 19-6-803
• Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Proceeds of the fee: means the money collected by the commission from payment of the recycling fee including interest and penalties on delinquent payments. See Utah Code 19-6-803
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Recycler: means a person who:
       (20)(a) annually uses, or can reasonably be expected within the next year to use, a minimum of 100,000 waste tires generated in the state or 1,000 tons of waste tires generated in the state to recover energy or produce energy, crumb rubber, chipped tires, or an ultimate product; and
       (20)(b) is registered as a recycler in accordance with Section 19-6-806. See Utah Code 19-6-803
• Recycling fee: means the fee provided for in Section 19-6-805. See Utah Code 19-6-803
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reported property: means property that is the subject of a law enforcement report under Section 19-6-903. See Utah Code 19-6-902
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Shredded waste tires: means waste tires or material derived from waste tires that has been reduced to a six inch square or smaller. See Utah Code 19-6-803
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Storage: means the placement of waste tires in a manner that does not constitute disposal of the waste tires. See Utah Code 19-6-803
• Store: means to place waste tires in a manner that does not constitute disposal of the waste tires. See Utah Code 19-6-803
• Tire: means a pneumatic rubber covering designed to encircle the wheel of a vehicle in which a person or property is or may be transported or drawn upon a highway. See Utah Code 19-6-803
• Tire retailer: means a person engaged in the business of selling new tires either as replacement tires or as part of a new vehicle sale. See Utah Code 19-6-803
• Ultimate product: includes pyrolized materials derived from:
            (28)(b)(i) waste tires; or
            (28)(b)(ii) chipped tires. See Utah Code 19-6-803
• Venue: The geographical location in which a case is tried.
• Waste tire: means :
       (29)(a) a tire that is no longer suitable for the tire's original intended purpose because of wear, damage, or defect; or
       (29)(b) a tire that a tire retailer removes from a vehicle for replacement with a new or used tire. See Utah Code 19-6-803
• Waste tire pile: means a pile of 200 or more waste tires at one location. See Utah Code 19-6-803
• Waste tire transporter: includes a person engaged in the business of collecting, hauling, or transporting waste tires or who performs these functions for another person, except as provided in Subsection (31)(c). See Utah Code 19-6-803
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5