Utah Code 19-6-804. Restrictions on disposal and transfer of tires — Penalties
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Terms Used In Utah Code 19-6-804
- Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-6-803
- 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
- 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
- Fund: means the Waste Tire Recycling Fund created in Section 19-6-807. See Utah Code 19-6-803
- 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.
- 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
- 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
- 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
- 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
- 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
- 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 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
(1)(a) An individual, including a waste tire transporter, may not transfer for temporary storage more than 12 whole tires at one time to a landfill or other location in the state authorized by the director to receive waste tires, except for purposes authorized by board rule.(1)(b) Tires are exempt from this Subsection (1) if the original tire has a rim diameter greater than 24.5 inches.(1)(c) A person, including a waste tire transporter, may not dispose of waste tires or store waste tires in any manner not allowed under this part or rules made under this part.(2) The operator of the landfill or other authorized location shall direct that the waste tires be stored in a designated area to facilitate retrieval if a market becomes available for the disposed waste tires or material derived from waste tires.(3) An individual, including a waste tire transporter, may dispose of shredded waste tires in a landfill in accordance with Section19-6-812 , and may also, without reimbursement, dispose in a landfill materials derived from waste tires that do not qualify for reimbursement under Section19-6-812 , but the landfill shall dispose of the material in accordance with Section19-6-812 .(4) A tire retailer may only transfer ownership of a waste tire described in Subsection19-6-803 (28)(b) to:(4)(a) a person who purchases it for the person’s own use and not for resale; or(4)(b) a waste tire transporter that:(4)(b)(i) is registered in accordance with Section19-6-806 ; and(4)(b)(ii) agrees to transport the tire to:(4)(b)(ii)(A) a tire retailer that sells the tire wholesale or retail; or(4)(b)(ii)(B) a recycler.(5)(5)(a)(5)(a)(i) An individual, including a waste tire transporter, violating this section is subject to enforcement proceedings and a civil penalty of not more than $100 per waste tire or per passenger tire equivalent disposed of in violation of this section.(5)(a)(ii) A warning notice may be issued before taking further enforcement action under this Subsection (5).(5)(b) The director, the local health department, or the county attorney with jurisdiction over the location where the tires were disposed in violation of this section, may bring an action to enforce this section and collect penalties in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.(5)(c) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the director, local health department, or county attorney shall bring an action described in Subsection (5)(b) in the county where the violation occurred if the action is brought in the district court.(5)(d) Penalties collected under this section shall be deposited into the fund.