Utah Code 19-6-809. Partial reimbursement
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Terms Used In Utah Code 19-6-809
- 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
- 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- chipped tire: means a two inch square or smaller piece of a waste tire. See Utah Code 19-6-803
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Department: means the Department of Environmental Quality. See Utah Code 19-1-103
- 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
- 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
- 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- 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(1)(a) A recycler may submit an application under Section 19-6-813 to the local health department having jurisdiction over the applicant’s business address for partial reimbursement for the cost of transporting and processing a waste tire or a material derived from a waste tire that:(1)(a)(i) meets the requirements of Subsections (3) and (4); and(1)(a)(ii) is used within the state for:(1)(a)(ii)(A) energy recovery or production;(1)(a)(ii)(B) the creation of an ultimate product;(1)(a)(ii)(C) the production of crumb rubber, if a contract exists for the sale of the crumb rubber for use, either within or outside the state, as a component in an ultimate product;(1)(a)(ii)(D) the production of a chipped tire, if:(1)(a)(ii)(D)(I) the chipped tire is beneficially used, either within or outside the state; and(1)(a)(ii)(D)(II) a contract exists for the sale of the chipped tire; or(1)(a)(ii)(E) a use defined in rule as recycling.(1)(b) A recycler is not eligible to receive partial reimbursement for transportation or processing costs related to the creation of an ultimate product if:(1)(b)(i) the recycler used crumb rubber as a component of the ultimate product; and(1)(b)(ii) the recycler, or another recycler, previously received under this section partial reimbursement for transportation or processing costs related to the production of the crumb rubber.(1)(c) A recycler who qualifies under this section for partial reimbursement may waive the reimbursement and request in writing that the reimbursement be paid to a person who:(1)(c)(i) delivers a waste tire or material derived from a waste tire to the recycler; or(1)(c)(ii) processes the waste tire before the recycler receives the waste tire or a material derived from the waste tire for recycling.(1)(d) A recycler is not eligible to receive partial reimbursement for transportation or processing costs for baling:(1)(d)(i) whole waste tires; or(1)(d)(ii) materials derived from waste tires that are larger than shredded waste tires.(2) Subject to the limitations in Section 19-6-816, a recycler is entitled to:(2)(a) $65 as partial reimbursement for each ton of waste tires or material derived from waste tires converted to crumb rubber, if a contract exists for the sale of the crumb rubber for use as a component in an ultimate product;(2)(b) $50 as partial reimbursement for each ton of waste tires or material derived from waste tires recycled, other than as crumb rubber; and(2)(c) $20 as partial reimbursement for each ton of chipped tires used for a beneficial use.(3)(3)(a) A recycler is eligible for a partial reimbursement if the recycler establishes, in cooperation with a tire retailer or transporter, or both, a reasonable schedule to remove waste tires in sufficient quantities to allow for economic transportation of waste tires located in a municipality, as defined in Section 10-1-104, within the state.(3)(b) A recycler who is eligible for partial reimbursement under Subsection (3)(a) may also receive partial reimbursement for recycling a tire received from a location within the state other than those associated with a retail tire business, including a waste tire from a waste tire pile or an abandoned waste tire pile, as provided by Section 19-6-810.(4) A recycler who applies for partial reimbursement under Subsection (1) shall demonstrate to the local health department identified in Subsection (1)(a) that:(4)(a) the waste tire or material derived from a waste tire that qualifies for the reimbursement was:(4)(a)(i)(4)(a)(i)(A) removed and transported by a registered waste tire transporter, a recycler, or a tire retailer; or(4)(a)(i)(B) generated by a private person who:(4)(a)(i)(B)(I) is not a waste tire transporter as defined in Section 19-6-803; and(4)(a)(i)(B)(II) brings the waste tire to the recycler; and(4)(a)(ii) generated in the state; and(4)(b) if the tire is from a waste tire pile or abandoned waste tire pile, the recycler complied with the requirements of Section 19-6-810. - Beneficial use: includes the use of chipped tires: