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H.B. 215
1
WASTE TIRE RECYCLING AMENDMENTS
2
2000 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: Neal B. Hendrickson
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AN ACT RELATING TO THE WASTE TIRE RECYCLING ACT; TRANSFERRING THE
6
WASTE TIRE RECYCLING ACT TO THE ENVIRONMENTAL QUALITY CODE; S [
AND
] s
7
REAUTHORIZING THE WASTE TIRE RECYCLING ACT FOR A PERIOD OF FIVE YEARS
7a
S
; AND MAKING TECHNICAL AMENDMENTS
s .
8
This act affects sections of Utah Code Annotated 1953 as follows:
9
AMENDS:
10
9-2-1208, as enacted by Chapter 213, Laws of Utah 1995
11
63-55-219, as last amended by Chapter 219, Laws of Utah 1999
12
63-55-226, as last amended by Chapter 156, Laws of Utah 1999
13
RENUMBERS AND AMENDS:
14
19-6-801, (Renumbered from 26-32a-101, as enacted by Chapter 185, Laws of Utah 1990)
15
19-6-802, (Renumbered from 26-32a-102, as enacted by Chapter 185, Laws of Utah 1990)
16
19-6-803, (Renumbered from 26-32a-103, as last amended by Chapter 111, Laws of Utah
17
1999)
18
19-6-804, (Renumbered from 26-32a-103.5, as last amended by Chapters 21 and 111,
19
Laws of Utah 1999)
20
19-6-805, (Renumbered from 26-32a-104, as last amended by Chapter 111, Laws of Utah
21
1999)
22
19-6-806, (Renumbered from 26-32a-104.5, as last amended by Chapter 111, Laws of
23
Utah 1999)
24
19-6-807, (Renumbered from 26-32a-105, as last amended by Chapter 10, Laws of Utah
25
1997)
26
19-6-808, (Renumbered from 26-32a-106, as enacted by Chapter 185, Laws of Utah 1990)
27
19-6-809, (Renumbered from 26-32a-107, as last amended by Chapters 21 and 111, Laws
28
of Utah 1999)
29
19-6-810, (Renumbered from 26-32a-107.5, as last amended by Chapter 111, Laws of
30
Utah 1999)
31
19-6-811, (Renumbered from 26-32a-107.7, as last amended by Chapter 111, Laws of
32
Utah 1999)
33
19-6-812, (Renumbered from 26-32a-107.8, as last amended by Chapter 111, Laws of
34
Utah 1999)
35
19-6-813, (Renumbered from 26-32a-108, as last amended by Chapter 111, Laws of Utah
36
1999)
37
19-6-814, (Renumbered from 26-32a-109, as enacted by Chapter 185, Laws of Utah 1990)
38
19-6-815, (Renumbered from 26-32a-110, as last amended by Chapter 111, Laws of Utah
39
1999)
40
19-6-816, (Renumbered from 26-32a-111, as last amended by Chapter 213, Laws of Utah
41
1995)
42
19-6-817, (Renumbered from 26-32a-111.5, as last amended by Chapter 111, Laws of
43
Utah 1999)
44
19-6-818, (Renumbered from 26-32a-112, as last amended by Chapter 111, Laws of Utah
45
1999)
46
19-6-819, (Renumbered from 26-32a-112.3, as enacted by Chapter 111, Laws of Utah
47
1999)
48
19-6-820, (Renumbered from 26-32a-112.5, as enacted by Chapter 111, Laws of Utah
49
1999)
50
19-6-821, (Renumbered from 26-32a-112.7, as enacted by Chapter 111, Laws of Utah
51
1999)
52
19-6-822, (Renumbered from 26-32a-112.9, as enacted by Chapter 111, Laws of Utah
53
1999)
54
19-6-823, (Renumbered from 26-32a-113, as enacted by Chapter 185, Laws of Utah 1990)
55
19-6-824, (Renumbered from 26-32a-114, as enacted by Chapter 213, Laws of Utah 1995)
56
Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
9-2-1208
is amended to read:
58
9-2-1208. Waste tire recycling industry loans.
59
Loans made through the Waste Tire Recycling Industrial Assistance Loan Program are
60
made under this part, subject to provisions in Section [
26-32a-114
]
19-6-824
.
61
Section 2.
Section
19-6-801
, which is renumbered from Section 26-32a-101 is renumbered
62
and amended to read:
63
Part 8. Waste Tire Recycling Act
64
[26-32a-101]. 19-6-801. Title.
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This [chapter] part is known as the "Waste Tire Recycling Act."
66
Section 3.
Section
19-6-802
, which is renumbered from Section 26-32a-102 is renumbered
67
and amended to read:
68
[26-32a-102]. 19-6-802. Legislative findings.
69
(1) The Legislature finds that the disposal of waste tires is a matter of statewide concern
70
and that recycling of waste tires should be promoted in light of the health and environmental
71
benefits.
72
(2) The Legislature further finds that the recycling of waste tires will decrease the number
73
of tires which are disposed of in landfills and will reduce the health and safety hazards posed by
74
existing stockpiles of waste tires.
75
(3) It is the intent of the Legislature in adopting this [chapter] part to encourage the
76
development of the recycling industry and the development of markets for recycled products.
77
Section 4.
Section
19-6-803
, which is renumbered from Section 26-32a-103 is renumbered
78
and amended to read:
79
[26-32a-103]. 19-6-803. Definitions.
80
As used in this [chapter] part:
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(1) "Abandoned waste tire pile" means a waste tire pile regarding which the local
82
department of health has not been able to:
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(a) locate the persons responsible for the tire pile; or
84
(b) cause the persons responsible for the tire pile to remove it.
85
(2) (a) "Beneficial use" means the use of chipped waste tires or chipped material derived
86
from waste tires in a manner that is not recycling, storage, or disposal, but that serves as a
87
replacement for another product or material for specific purposes, including daily landfill cover,
88
civil engineering, low-density, light-weight aggregate fill, and septic or drain field construction.
89
(b) "Beneficial use" does not include use of waste tires or material derived from waste tires
90
in the construction of fences, or as fill.
91
(3) "Board" means the Solid and Hazardous Waste Control Board created under Section
92
19-1-106
.
93
(4) "Chip" or "chipped tire" means a two inch square or smaller piece of tire.
94
(5) "Commission" means the Utah State Tax Commission.
95
(6) "Consumer":
96
(a) means a person who purchases a new tire to satisfy a direct need, rather than for resale;
97
and
98
(b) includes a person who purchases a new tire for a motor vehicle to be rented or leased.
99
(7) "Crumb rubber" means waste tires that have been ground, shredded, or otherwise
100
reduced in size so the resulting material is 95% wire free by weight.
101
(8) "Dispose" or "disposal" means to deposit, dump, or permanently place any waste tire
102
in or on any land or in any water in the state.
103
(9) "Division" means the Division of Solid and Hazardous Waste created in Section
104
19-1-105
, within the Department of Environmental Quality.
105
(10) "Executive secretary" means the executive secretary of the Solid and Hazardous
106
Waste Control Board created in Section
19-1-106
.
107
(11) "Landfill waste tire pile" means a waste tire pile located within the permitted
108
boundary of a landfill operated by a governmental entity and consisting solely of waste tires
109
brought to a landfill for disposal and diverted from the landfill waste stream to the waste tire pile.
110
(12) "Local health department" means the city-county health department or district health
111
department, as defined in Section
26A-1-102
, with jurisdiction over the recycler.
112
(13) "Materials derived from waste tires" means tire sections, tire chips, tire shreddings,
113
rubber, steel, fabric, or other similar materials derived from waste tires.
114
(14) "Mobile facility" means a mobile facility capable of cutting waste tires on site so the
115
waste tires may be effectively disposed by burial, such as in a landfill.
116
(15) "New motor vehicle" means a motor vehicle which has never been titled or registered.
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(16) "Passenger tire equivalent" means a measure of mixed sizes of tires where each 25
118
pounds of whole tires or material derived from waste tires is equal to one waste tire.
119
(17) "Proceeds of the fee" means the money collected by the commission from payment
120
of the recycling fee including interest and penalties on delinquent payments.
121
(18) "Recycler" means a person who:
122
(a) uses or can reasonably be expected within the next year to use a minimum of 100,000
123
waste tires or 1,000 tons of waste tires per year to produce energy, crumb rubber, chipped tires, an
124
ultimate product, or to apply to a beneficial use, but does not include tires that are stored, disposed
125
of, retreaded, or sold as used tires; and
126
(b) is registered as a recycler in accordance with Section [
26-32a-104.5
]
19-6-806
.
127
(19) "Recycling fee" means the fee provided for in Section [
26-32a-104
]
19-6-805
.
128
(20) (a) Before January 1, 2000, "shredded," when referring to waste tires, means waste
129
tires or material derived from waste tires that has been subjected to a "primary shred" as defined
130
by board rule. The rule shall define the maximum size of a piece of material derived from waste
131
tires that is considered to be the result of a primary shred.
132
(b) On and after January 1, 2000, "shredded," when referring to waste tires, means waste
133
tires or material derived from waste tires that has been reduced to a six inch square or smaller.
134
(21) (a) "Store" or "storage" means the placing of waste tires in a manner that does not
135
constitute disposal of the waste tires.
136
(b) "Store" or "storage" does not include waste tires or material derived from waste tires
137
that is stored for five or fewer days and that is to be:
138
(i) used as ballast to maintain covers on agricultural materials or to maintain covers at a
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construction site; or
140
(ii) recycled or applied to a beneficial use.
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(22) "Tire" means a pneumatic rubber covering designed to encircle the wheel of a vehicle
142
in which a person or property is or may be transported or drawn upon a highway.
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(23) "Tire retailer" means any person engaged in the business of selling new tires either
144
as replacement tires or as part of a new vehicle sale.
145
(24) "Trust fund" means the Waste Tire Recycling Expendable Trust Fund provided for
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in Section [
26-32a-105
]
19-6-807
.
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(25) (a) "Ultimate product" means a product that has as a component materials derived
148
from waste tires and that the board finds has a demonstrated market.
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(b) "Ultimate product":
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(i) includes pyrolized materials derived from waste tires and chipped tires; and
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(ii) does not include a product regarding which a waste tire remains after the product is
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disposed or disassembled.
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(26) "Waste tire" means a tire that is no longer suitable for its original intended purpose
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because of wear, damage, or defect.
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(27) "Waste tire pile" means a pile of 1,000 or more waste tires at one location.
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(28) "Waste tire transporter":
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(a) means a person or entity engaged in picking up or transporting at one time more than
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ten whole waste tires per year, or the equivalent amount of material derived from waste tires,
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generated in Utah for the purpose of storage, processing, or disposal;
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(b) includes any person engaged in the business of collecting, hauling, or transporting
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waste tires or who performs these functions for another person;
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(c) does not include a person transporting tires generated solely by:
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(i) that person's personal vehicles;
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(ii) a commercial vehicle fleet owned or operated by that person or that person's employer;
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(iii) vehicles sold, leased, or purchased by a motor vehicle dealership owned or operated
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by that person or that person's employer;
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(iv) a retail tire business and hauled by the business owner or an employee of the business;
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(v) a solid waste collector operating under a license issued by a unit of local government
169
as defined in Section
63-51-2
, or a local health department; or
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(vi) a recycler or processor of whole waste tires into chipped tires; and
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(d) does not include a person transporting tires by rail as a common carrier subject to
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federal regulation.
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Section 5.
Section
19-6-804
, which is renumbered from Section 26-32a-103.5 is
174
renumbered and amended to read:
175
[26-32a-103.5]. 19-6-804. Restrictions on disposal of tires -- Penalties.
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(1) (a) After January 1, 1994, an individual, including a waste tire transporter, may not
177
dispose of more than four whole tires at one time in a landfill or any other location in the state
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authorized by the executive secretary to receive waste tires, except for purposes authorized by
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board rule.
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(b) Tires are exempt from this Subsection (1) if the original tire has a rim diameter greater
181
than 24.5 inches.
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(c) No person, including a waste tire transporter, may dispose of waste tires or store waste
183
tires in any manner not allowed under this chapter or rules made under this [chapter] part.
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(2) The operator of the landfill or other authorized location shall direct that the waste tires
185
be disposed in a designated area to facilitate retrieval if a market becomes available for the
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disposed waste tires or material derived from waste tires.
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(3) An individual, including a waste tire transporter, may dispose of shredded waste tires
188
in a landfill in accordance with Section [
26-32a-107.8
]
19-6-812
, and may also, without
189
reimbursement, dispose in a landfill materials derived from waste tires that do not qualify for
190
reimbursement under Section [
26-32a-107.8
]
19-6-812
, but the landfill shall dispose of the
191
material in accordance with Section [
26-32a-107.8
]
19-6-812
.
192
(4) (a) An individual, including a waste tire transporter, violating this section is subject
193
to enforcement proceedings and a civil penalty of not more than $100 per waste tire or per
194
passenger tire equivalent disposed of in violation of this section. A warning notice may be issued
195
prior to taking further enforcement action under this Subsection (4).
196
(b) A civil proceeding to enforce this section and collect penalties under this section may
197
be brought in the district court where the violation occurred by the board, the local health
198
department, or the county attorney having jurisdiction over the location where the tires were
199
disposed in violation of this section.
200
(c) Penalties collected under this section shall be deposited in the trust fund.
201
Section 6.
Section
19-6-805
, which is renumbered from Section 26-32a-104 is renumbered
202
and amended to read:
203
[26-32a-104]. 19-6-805. Recycling fee.
204
(1) (a) Beginning July 1, 1990, a recycling fee is imposed upon each purchase from a tire
205
retailer of a new tire by a consumer. The fee shall be paid by the consumer to the tire retailer at the
206
time the new tire is purchased.
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(b) The recycling fee does not apply to recapped or resold used tires.
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(2) The fee for each tire with a rim diameter up to and including 24.5 inches, single or dual
209
bead capacity is:
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(a) $1, before July 1, 1996;
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(b) 50 cents on and after July 1, 1996; and
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(c) 85 cents on and after July 1, 1999.
213
Section 7.
Section
19-6-806
, which is renumbered from Section 26-32a-104.5 is
214
renumbered and amended to read:
215
[26-32a-104.5]. 19-6-806. Registration of waste tire transporters and recyclers.
216
(1) (a) The executive secretary shall register each applicant for registration to act as a
217
waste tire transporter if the applicant meets the requirements of this section.
218
(b) An applicant for registration as a waste tire transporter shall:
219
(i) submit an application in a form prescribed by the executive secretary;
220
(ii) pay a fee as determined by the board under Section
63-38-3.2
;
221
(iii) provide the name and business address of the operator;
222
(iv) provide proof of liability insurance or other form of financial responsibility in an
223
amount determined by board rule, but not more than $300,000, for any liability the waste tire
224
transporter may incur in transporting waste tires; and
225
(v) meet requirements established by board rule.
226
(c) The holder of a registration under this section shall advise the executive secretary in
227
writing of any changes in application information provided to the executive secretary within 20
228
days of the change.
229
(d) If the executive secretary has reason to believe a waste tire transporter has disposed of
230
tires other than as allowed under this [chapter] part, the executive secretary shall conduct an
231
investigation and, after complying with the procedural requirements of Title 63, Chapter 46b,
232
Administrative Procedures Act, may revoke the registration.
233
(2) (a) The executive secretary shall register each applicant for registration to act as a
234
waste tire recycler if the applicant meets the requirements of this section.
235
(b) An applicant for registration as a waste tire recycler shall:
236
(i) submit an application in a form prescribed by the executive secretary;
237
(ii) pay a fee as determined by the board under Section
63-38-3.2
;
238
(iii) provide the name and business address of the operator of the recycling business;
239
(iv) provide proof of liability insurance or other form of financial responsibility in an
240
amount determined by board rule, but not more than $300,000, for any liability the waste tire
241
recycler may incur in storing and recycling waste tires;
242
(v) engage in activities as described under the definition of recycler in Section
243
[
26-32a-103
]
19-6-803
; and
244
(vi) meet requirements established by board rule.
245
(c) The holder of a registration under this section shall advise the executive secretary in
246
writing of any changes in application information provided to the executive secretary within 20
247
days of the change.
248
(d) If the executive secretary has reason to believe a waste tire recycler has falsified any
249
information provided in an application for partial reimbursement under this section, the executive
250
secretary shall, after complying with the procedural requirements of Title 63, Chapter 46b,
251
Administrative Procedures Act, revoke the registration.
252
(3) The board shall establish a uniform fee for registration which shall be imposed by any
253
unit of local government or local health department that requires a registration fee as part of the
254
registration of waste tire transporters or waste tire recyclers.
255
Section 8.
Section
19-6-807
, which is renumbered from Section 26-32a-105 is renumbered
256
and amended to read:
257
[26-32a-105]. 19-6-807. Trust fund -- Creation -- Deposits.
258
(1) There is created the Waste Tire Recycling Expendable Trust Fund.
259
(2) Proceeds of the fee shall be deposited in the trust fund for payment of partial
260
reimbursement and payments under Section [
26-32a-107.7
]
19-6-811
.
261
Section 9.
Section
19-6-808
, which is renumbered from Section 26-32a-106 is renumbered
262
and amended to read:
263
[26-32a-106]. 19-6-808. Payment of recycling fee.
264
(1) The recycling fee shall be paid by the tire retailer to the commission:
265
(a) on or before the last day of the month following the calendar quarter in which the sale
266
occurs for quarterly filers; and
267
(b) the last day of January following the end of the calendar year for annual filers.
268
(2) The payment shall be accompanied by the form prescribed by the commission.
269
(3) (a) The proceeds of the fee shall be transferred by the commission to the trust fund for
270
payment of partial reimbursement.
271
(b) The commission may retain an amount not to exceed 2-1/2% of the recycling fee
272
collected under this [chapter] part for the cost to it of rendering its services.
273
(4) (a) The commission shall administer, collect, and enforce the fee authorized under this
274
[chapter] part pursuant to the same procedures used in the administration, collection, and
275
enforcement of the general state sales and use tax under Title 59, Chapter 12, and the provisions
276
of Title 59, Chapter 1. The tire retailer may retain 2-1/2% of the recycling fee collected under this
277
[chapter] part for the cost of collecting the fee.
278
(b) The exemptions from the general state sales and use tax provided for in Section
279
59-12-104
do not apply to this [chapter] part.
280
(5) The fee imposed by this [chapter] part is in addition to all other state, county, or
281
municipal fees and taxes imposed on the sale of new tires.
282
Section 10.
Section
19-6-809
, which is renumbered from Section 26-32a-107 is
283
renumbered and amended to read:
284
[26-32a-107]. 19-6-809. Partial reimbursement.
285
(1) (a) Any recycler may submit an application under Section [
26-32a-108
]
19-6-813
to
286
the local health department having jurisdiction over the applicant's business address for partial
287
reimbursement of the cost of transporting and processing, if the recycler on or after the effective
288
date of this act uses waste tires or materials derived from waste tires that meet requirements of
289
Subsection (4) exclusively for:
290
(i) energy recovery;
291
(ii) creation of ultimate products;
292
(iii) crumb rubber;
293
(iv) any use defined by board rule as recycling; or
294
(v) any beneficial use.
295
(b) A recycler who recycles, at an out-of-state location, tires that are generated within the
296
state shall apply to the executive secretary for partial reimbursement, rather than to a local health
297
department.
298
(c) A recycler who qualifies under this section for partial reimbursement may waive the
299
reimbursement and request in writing that the reimbursement be paid to a person who delivers
300
waste tires or material derived from waste tires to a recycler or processes the waste tires prior to
301
the recycler's receipt of the waste tires or his receipt of materials derived from the waste tires for
302
recycling, but only if the recycler is conducting the recycling operation within the state.
303
(2) (a) Subject to the limitations in Section [
26-32a-111
]
19-6-816
, a recycler is entitled
304
to $75 as partial reimbursement for each ton of tires recycled on and after the effective date of this
305
act.
306
(b) Subject to the limitations in Section [
26-32a-111
]
19-6-816
, a recycler is entitled to
307
$60 as partial reimbursement for each ton of waste tires or material derived from waste tires used
308
for a beneficial use on and after the effective date of this act.
309
(3) (a) In order for a recycler within the state to be eligible for partial reimbursement, the
310
recycler shall establish in cooperation with tire retailers or transporters, or with both, a reasonable
311
schedule to remove waste tires in sufficient quantities to allow for economic transportation of
312
waste tires located in any municipality within the state as defined in Section
10-1-104
.
313
(b) A recycler complying with Subsection (3)(a) or a recycler operating at an out-of-state
314
location may also receive partial reimbursement for recycling tires received from locations other
315
than those associated with retail tire businesses, including waste tires from waste tire piles and
316
abandoned waste tire piles, under Section [
26-32a-107.5
]
19-6-810
.
317
(4) A recycler under Subsection (1) shall also demonstrate the waste tires or materials
318
derived from waste tires that qualify for the reimbursement:
319
(a) (i) were removed and transported by a registered tire transporter, a recycler, or a tire
320
retailer; or
321
(ii) were generated by a private person who is not a waste tire transporter as defined in
322
Section [
26-32a-103
]
19-6-803
, and that person brings the waste tires to the recycler;
323
(b) were generated in the state; and
324
(c) if the tires are from a waste tire pile or abandoned waste tire pile, the recycler complies
325
with the applicable provisions of Section [
26-32a-107.5
]
19-6-810
.
326
Section 11.
Section
19-6-810
, which is renumbered from Section 26-32a-107.5 is
327
renumbered and amended to read:
328
[26-32a-107.5]. 19-6-810. Recycling tires from abandoned tire piles and other
329
tire piles.
330
(1) A recycler may be reimbursed for recycling or beneficial use of tires from an
331
abandoned tire pile if:
332
(a) prior to recycling or the beneficial use of any of the tires, he receives an affidavit from
333
the local health department of the jurisdiction where the tire pile is located, stating the tire pile is
334
abandoned and the local health department has not been able to locate the persons responsible for
335
the tire pile or has not been able to cause the persons responsible for the tire pile to remove it;
336
(b) the waste tire transporter who transports the tires to the recycler is registered, has
337
received from the local health department an affidavit stating it has authorized the transporter to
338
remove the tires and deliver them to a recycler, and provides a copy of the affidavit to the recycler;
339
and
340
(c) the recycler provides to the local health department or the executive secretary, as is
341
appropriate under Section [
26-32a-107
]
19-6-809
, proof of compliance with this Subsection (1)
342
in the required form and the information required under Section [
26-32a-107
]
19-6-809
.
343
(2) A recycler may receive the partial reimbursement for recycling or the beneficial use
344
of waste tires from waste tire piles that are not abandoned if:
345
(a) prior to recycling or the beneficial use of any of the waste tires, he receives an affidavit
346
from the local health department of the jurisdiction where the waste tire pile is located, stating the
347
tire pile is not abandoned;
348
(b) he obtains an affidavit from the owner of the waste tire pile or his authorized designee
349
stating:
350
(i) the tires are from a pile to which no tires have been added after June 30, 1991; or
351
(ii) if the tires are from a tire pile to which tires have been added after June 30, 1991, all
352
the tires provided to the recycler were generated within the state;
353
(c) the tires are transported to the recycler by a registered waste tire transporter, who
354
provides a manifest to the recycler; and
355
(d) the recycler provides to the local health department or the executive secretary, as is
356
appropriate under Section [
26-32a-107
]
19-6-809
, proof of compliance with this Subsection (2)
357
in the required form and the information required under Section [
26-32a-107
]
19-6-809
.
358
Section 12.
Section
19-6-811
, which is renumbered from Section 26-32a-107.7 is
359
renumbered and amended to read:
360
[26-32a-107.7]. 19-6-811. Funding for management of certain landfill or
361
abandoned tire piles -- Limitations.
362
(1) S [
Except as limited under Subsection (3), a
]
A
s county or municipality may apply to the
363
executive secretary for payment from the trust fund for the costs of a waste tire transporter's
364
removing waste tires from an abandoned waste tire pile or a landfill waste tire pile operated by a
365
state or local governmental entity to a recycler under the following procedure:
366
(a) (i) The maximum number of miles for which the executive secretary may reimburse
367
for transportation costs incurred by a waste tire transporter under this section, is the number of
368
miles, one way, between the location of the waste tire pile and the State Capitol Building, in Salt
369
Lake City, Utah, or to the recycler, whichever is less.
370
(ii) This maximum number of miles available for reimbursement applies regardless of the
371
location of the recycler to which the waste tires are transported under this section.
372
(iii) The executive secretary shall, upon request, advise any person preparing a bid under
373
this section of the maximum number of miles available for reimbursement under this Subsection
374
(1)(a).
375
(iv) The cost under this Subsection (1) shall be calculated based on the cost to transport
376
one ton of waste tires one mile.
377
(b) The county or municipality shall through a competitive bidding process make a good
378
faith attempt to obtain a bid for the removal of the landfill or abandoned waste tire pile and
379
transport to a recycler.
380
(c) The county or municipality shall submit to the executive secretary:
381
(i) (A) a statement from the local health department stating the landfill waste tire pile is
382
operated by a state or local governmental entity, consists solely of waste tires diverted from the
383
landfill waste stream and describing the size and location of the landfill waste tire pile; or
384
(B) a statement from the local health department that the waste tire pile is abandoned; and
385
(ii) the bid selected by the county or municipality or the fact that no bids were received.
386
(2) (a) If a bid is submitted, the executive secretary shall determine if the bid is reasonable,
387
taking into consideration:
388
(i) the location and size of the landfill or abandoned waste tire pile;
389
(ii) the number and size of any other landfill or abandoned waste tire piles in the area;
390
(iii) the cost, as allowed under Subsection (1)(a), of transporting the landfill or abandoned
391
waste tires to a recycler as compared to the cost of contracting with a mobile facility to cut the
392
waste tires so they may be disposed in the landfill; and
393
(iv) the current market for waste tires of the type in the landfill or abandoned waste tire
394
pile.
395
(b) The executive secretary shall advise the county or municipality within 30 days of
396
receipt of the bid whether or not the bid is determined to be reasonable.
397
(c) If the bid is found to be reasonable, the county or municipality may proceed to have
398
the landfill or abandoned waste tire pile removed pursuant to the bid. The county or municipality
399
shall advise the executive secretary that the landfill or abandoned waste tire pile has been removed.
400
(d) The recycler or waste tire transporter that removed the landfill or abandoned waste tires
401
pursuant to the bid shall submit to the executive secretary a copy of the manifest, which shall state
402
the number or tons of waste tires transported, the location they were removed from, the recycler
403
to which the waste tires were delivered, and the amount charged by the transporter.
404
(e) Upon receipt of the information required under Subsection (2)(d), and determination
405
that the information is complete, the executive secretary shall, within 30 days after receipt
406
authorize the Division of Finance to reimburse the waste tire transporter the amount established
407
under this Subsection (2).
408
S [
(3) (a) A county or municipality may not apply for payment under this section for removal
409
of a waste tire pile if it accumulates in the county or municipality on or after July 1, 1999.
410
(b) The costs of removing a waste tire pile under Subsection (3)(a) is the responsibility of
411
the county or municipality where the waste tire pile is located.
] s
412
Section 13.
Section
19-6-812
, which is renumbered from Section 26-32a-107.8 is
413
renumbered and amended to read:
414
[26-32a-107.8]. 19-6-812. Landfilling shredded tires -- Reimbursement.
415
(1) Waste tires received from any source may be disposed in a landfill in Utah operated
416
by a state or local governmental entity or in a commercial landfill in Utah operated in compliance
417
with all relevant requirements of Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, if:
418
(a) the waste tires are shredded; and
419
(b) the waste tires are stored in a segregated cell or other landfill facility that ensures the
420
disposed shredded waste tires are in a clean and accessible condition so they may be reasonably
421
retrieved and recycled at a future time.
422
(2) (a) The owner or operator of the landfill may apply for and receive reimbursement per
423
ton of tires placed in a landfill in compliance with Subsection (1), but only if the waste tires are
424
generated from tires used in the state, and not from used tires or waste tires brought in from out
425
of state.
426
(b) On and after the effective date, reimbursement under this section is at the following
427
rates per ton:
428
(i) for waste tires placed in a landfill under this section in accordance with a contract with
429
the landfill owner or operator that was finalized and in effect prior to the effective date of this
430
section:
431
(A) $65 for waste tires disposed in the landfill on or before October 31, 1996;
432
(B) $50 for waste tires disposed in the landfill on and after November 1, 1996 and before
433
May 1, 1997; and
434
(C) $30 for waste tires disposed in the landfill on and after May 1, 1997; and
435
(ii) $30 regarding waste tires placed in a landfill under this section and that are not the
436
subject of a contract for being placed in a landfill under Subsection (2)(b)(i).
437
(c) An application for payment under this subsection shall include complete records,
438
including the site from which the tires are removed, the landfill where the tires are disposed, and
439
the amount of shredded tires disposed.
440
(3) The application process for receiving payment under this section is the same as the
441
process for recyclers applying for partial reimbursement under this [chapter] part.
442
(4) Waste tires, in any form, for which reimbursement is paid under this section, are not
443
subject to any further or additional reimbursement under this [chapter] part at any time.
444
(5) Reimbursement under this section may only be made for waste tires that have been
445
shredded and placed in a landfill in compliance with this section.
446
Section 14.
Section
19-6-813
, which is renumbered from Section 26-32a-108 is
447
renumbered and amended to read:
448
[26-32a-108]. 19-6-813. Application for partial reimbursement -- Penalty.
449
(1) An application for partial reimbursement shall be on the form prescribed by the local
450
health department or the executive secretary, as is appropriate under Section [
26-32a-107
]
451
19-6-809
, and shall include:
452
(a) the recycler's name and a brief description of the recycler's business;
453
(b) the quantity, in tons, of waste tires recycled or used in a beneficial use;
454
(c) originals or copies of log books, receipts, bills of lading, or other similar documents
455
to establish the tonnage of waste tires recycled or used in a beneficial use;
456
(d) a description of how the waste tires were recycled;
457
(e) proof that is satisfactory to the local health department or the executive secretary, as
458
is appropriate under Section [
26-32a-107
]
19-6-809
, that the waste tires were recycled or used in
459
a beneficial use; and
460
(f) the affidavit of the recycler warranting that the recycled waste tires or waste tires used
461
for a beneficial use for which reimbursement is sought meet requirements of Subsection
462
[
26-32a-107
]
19-6-809
(4).
463
(2) In addition to any other penalty imposed under Section [
26-32a-112.7
]
19-6-821
or
464
[
26-32a-112.9
]
19-6-822
or by any other law, any person who knowingly or intentionally provides
465
false information to the local health department or to the executive secretary under Subsection (1):
466
(a) is ineligible to receive any further reimbursement under this [chapter] part; and
467
(b) shall return to the Division of Finance any reimbursement previously received for
468
deposit in the trust fund.
469
Section 15.
Section
19-6-814
, which is renumbered from Section 26-32a-109 is
470
renumbered and amended to read:
471
[26-32a-109]. 19-6-814. Local health department responsibility.
472
(1) A local health department that has received an application for partial reimbursement
473
from a recycler shall within 15 calendar days after receiving the application:
474
(a) review the application for completeness;
475
(b) conduct an on-site investigation of the recycler's waste tire use if the application is the
476
initial application of the recycler; and
477
(c) submit the recycler's application for partial reimbursement together with a brief written
478
report of the results of the investigation and the dollar amount approved for payment to the
479
Division of Finance.
480
(2) If the local health department approves a dollar amount for partial reimbursement
481
which is less than the amount requested by the recycler, the local health department must submit
482
its written report of the investigation and recommendation to the recycler at least five days prior
483
to submitting the report and recommendation to the Division of Finance.
484
Section 16.
Section
19-6-815
, which is renumbered from Section 26-32a-110 is
485
renumbered and amended to read:
486
[26-32a-110]. 19-6-815. Payment by Division of Finance.
487
(1) The Division of Finance is authorized to pay the recycler partial reimbursements
488
described in Section [
26-32a-107
]
19-6-809
from the trust fund.
489
(2) The Division of Finance shall pay the dollar amount of partial reimbursement approved
490
by the local health department or the executive secretary to the recycler within the next payment
491
period established by rule of the Division of Finance, after receipt of the local health department's
492
or the executive secretary's report and recommendation.
493
Section 17.
Section
19-6-816
, which is renumbered from Section 26-32a-111 is
494
renumbered and amended to read:
495
[26-32a-111]. 19-6-816. Limitations on reimbursement.
496
(1) The costs reimbursed under this [chapter] part may not exceed the monies in the trust
497
fund.
498
(2) If applications for partial reimbursement during any month exceed the monies in the
499
trust fund, the Division of Finance shall prorate the amount of all claims for partial reimbursement
500
for the month and defer payment of the remainder.
501
(3) The amount remaining unpaid on a claim for partial reimbursement or a claim under
502
Section [
26-32a-107.7
]
19-6-811
shall be treated as a new application for partial reimbursement
503
in the next succeeding month until the unpaid amount is $500 or less, at which time the balance
504
of the claim shall be paid in full.
505
Section 18.
Section
19-6-817
, which is renumbered from Section 26-32a-111.5 is
506
renumbered and amended to read:
507
[26-32a-111.5]. 19-6-817. Administrative fees to local health departments --
508
Reporting by local health departments.
509
(1) (a) The Division of Finance shall pay quarterly to the local health departments from
510
the trust fund $5 per ton of tires for which a partial reimbursement is made under this [chapter]
511
part.
512
(b) The payment under Subsection (1) shall be allocated among the local health
513
departments in accordance with recommendations of the Utah Association of Local Health
514
Officers.
515
(c) The recommendation shall be based on the efforts expended and the costs incurred by
516
the local health departments in enforcing this [chapter] part and rules made under this [chapter]
517
part.
518
(2) (a) Each local health department shall track all waste tires removed from abandoned
519
waste tire piles within its jurisdiction, to determine the amount of waste tires removed and the
520
recycler to which they are transported.
521
(b) The local health department shall report this information quarterly to the executive
522
secretary.
523
Section 19.
Section
19-6-818
, which is renumbered from Section 26-32a-112 is
524
renumbered and amended to read:
525
[26-32a-112]. 19-6-818. Local health department rules.
526
(1) In accordance with S [
Title 63, Chapter 46a, Utah Administrative Rulemaking Act:
]
527
[
(a)
]
SECTION 26A-1-121
s the local health department shall make S [
rules
]
REGULATIONS
s to:
528
S [
(i)
]
(a)
s develop an application form; and
529
S [
(ii)
]
(b)
s establish the procedure to apply for reimbursement S [
; and
]
.
s
530
S [
(b)
]
(2) IN ACCORDANCE WITH TITLE 63, CHAPTER 46a, UTAH ADMINISTRATIVE
530a
RULEMAKING ACT,
s the commission shall make rules to implement this [chapter] part.
531
S [
(2)
]
(3)
s The local health departments shall take into consideration the removal schedule of tire
532
transporters or recyclers in a geographical area when making S [
rules
]
REGULATIONS
s governing
532a
the storage of waste
533
tires at any business that generates waste tires, pending removal of those waste tires for recycling.
534
Section 20.
Section
19-6-819
, which is renumbered from Section 26-32a-112.3 is
535
renumbered and amended to read:
536
[26-32a-112.3]. 19-6-819. Powers and duties of the board.
537
(1) The board shall make rules under Title 63, Chapter 46a, Utah Administrative
538
Rulemaking Act, as necessary to administer this [chapter] part. For these purposes the board shall
539
establish by rule:
540
(a) conditions and procedures for acting to issue or revoke a registration as a waste tire
541
recycler or transporter under Section [
26-32a-104.5
]
19-6-806
;
542
(b) the amount of liability insurance or other financial responsibility the applicant is
543
required to have to qualify for registration under Section [
26-32a-104.5
]
19-6-806
, but the amount
544
may not be more than $300,000 for any liability the waste tire transporter or recycler may incur in
545
recycling or transporting waste tires;
546
(c) the form and amount of financial assurance required for a site or facility used to store
547
waste tires, which shall be sufficient to ensure the cleanup or removal of waste tires from that site
548
or facility;
549
(d) standards and required documentation for tracking and record keeping of waste tires
550
subject to regulation under this [chapter] part, including:
551
(i) manifests for handling and transferring waste tires;
552
(ii) records documenting date, quantities, and size or type of waste tires transported,
553
processed, transferred, or sold;
554
(iii) records documenting persons between whom transactions under this Subsection (1)(d)
555
occurred and the amounts of waste tires involved in those transactions; and
556
(iv) requiring that documentation under this Subsection (1)(d) be submitted on a quarterly
557
basis, and that this documentation be made available for public inspection;
558
(e) authorize inspections and audits of waste tire recycling, transportation, or storage
559
facilities and operations subject to this [chapter] part;
560
(f) standards for payments authorized under Sections [
26-32a-107
]
19-6-809
,
561
[
26-32a-107.5
]
19-6-810
, and [
26-32a-107.7
]
19-6-811
;
562
(g) regarding applications to the executive secretary for reimbursements, the content of the
563
reimbursement application form and the procedure to apply for reimbursement;
564
(h) requirements for the storage of waste tires, including permits for storage;
565
(i) the types of energy recovery or other appropriate environmentally compatible uses
566
eligible for reimbursement, which:
567
(i) shall include pyrolization, but not retreading; and
568
(ii) shall be $75 for recycling and $60 for using waste tires for a beneficial use; and
569
(iii) shall apply to all waste tire recycling and beneficial use reimbursements both within
570
and outside of the state;
571
(j) the applications of waste tires that are not eligible for reimbursement;
572
(k) the applications of waste tires that are considered to be the storage or disposal of waste
573
tires; and
574
(l) provisions governing the storage or disposal of waste tires, including the process for
575
issuing permits for waste tire storage sites.
576
(2) The board may:
577
(a) require retention and submission of the records required under this [chapter] part;
578
(b) require audits of the records and record keeping procedures required under this
579
[chapter] part and rules made under this [chapter] part, except that audits of records regarding the
580
fee imposed and collected by the commission under Sections [
26-32a-104
]
19-6-805
and
581
[
26-32a-105
]
19-6-808
are the responsibility of the commission; and
582
(c) as necessary, make rules requiring additional information as the board determines
583
necessary to effectively administer Section [
26-32a-107.8
]
19-6-812
, but these rules may not place
584
an undue burden on the operation of landfills.
585
Section 21.
Section
19-6-820
, which is renumbered from Section 26-32a-112.5 is
586
renumbered and amended to read:
587
[26-32a-112.5]. 19-6-820. Powers and duties of the executive secretary.
588
(1) The executive secretary shall:
589
(a) administer and enforce the rules and orders of the board;
590
(b) issue and revoke registration for waste tire recyclers and transporters; and
591
(c) require forms, analyses, documents, maps, and other records as the executive secretary
592
finds necessary to:
593
(i) issue recycler and transporter registrations;
594
(ii) issue recycler partial reimbursements;
595
(iii) inspect a site, facility, or activity regulated under this [chapter] part; and
596
(iv) issue permits for and inspect waste tire storage sites.
597
(2) The executive secretary may:
598
(a) authorize any division employee to enter any site or facility regulated under this
599
[chapter] part at reasonable times and upon presentation of credentials, for the purpose of
600
inspection, audit, or sampling:
601
(i) at the site or facility; or
602
(ii) of the records, operations, or products;
603
(b) as authorized by the board, enforce board rules by issuing orders which are
604
subsequently subject to the board's amendment or revocation; and
605
(c) coordinate with federal, state, and local governments, and other agencies, including
606
entering into memoranda of understanding, to:
607
(i) ensure effective regulation of waste tires under this [chapter] part;
608
(ii) minimize duplication of regulation; and
609
(iii) encourage responsible recycling of waste tires.
610
Section 22.
Section
19-6-821
, which is renumbered from Section 26-32a-112.7 is
611
renumbered and amended to read:
612
[26-32a-112.7]. 19-6-821. Violations -- Civil proceedings and penalties -- Orders.
613
(1) A person who violates any provision of this [chapter] part or any order, permit, plan
614
approval, or rule issued or adopted under this [chapter] part is subject to a civil penalty of not more
615
than $10,000 per day for each day of violation as determined in a civil hearing under Title 63,
616
Chapter 46b, Administrative Procedures Act, except:
617
(a) any violation of Subsection [
26-32a-103.5
]
19-6-804
(1) or (3), regarding landfills, is
618
subject to the penalty under Subsection [
26-32a-103.5
]
19-6-804
(4) rather than the penalties under
619
this section; and
620
(b) any violation of Subsection [
26-32a-106
]
19-6-808
(1), (2), or (3) regarding payment
621
of the recycling fee by the tire retailer is subject to penalties as provided in Subsection
622
[
26-32a-106
]
19-6-808
(4) rather than the penalties under this section.
623
(2) The board may bring an action in the name of the state to restrain a person from
624
continuing a violation of this [chapter] part and to require the person to perform necessary
625
remediation regarding a violation of this [chapter] part.
626
(3) When the executive secretary finds a situation exists in violation of this [chapter] part
627
that presents an immediate threat to the public health or welfare, the executive secretary may issue
628
an emergency order under Title 63, Chapter 46b, Administrative Procedures Act.
629
(4) The executive secretary may revoke the registration of a waste tire recycler or
630
transporter who violates any provision of this [chapter] part or any order, plan approval, permit,
631
or rule issued or adopted under this [chapter] part.
632
(5) The executive secretary may revoke the tire storage permit for a storage facility that
633
is in violation of any provision of this [chapter] part or any order, plan approval, permit, or rule
634
issued or adopted under this [chapter] part.
635
(6) If a person has been convicted of violating a provision of this [chapter] part prior to
636
a finding by the executive secretary of a violation of the same provision in an administrative
637
hearing, the executive secretary may not assess a civil monetary penalty under this section for the
638
same offense for which the conviction was obtained.
639
(7) All penalties collected under this section shall be deposited in the trust fund.
640
Section 23.
Section
19-6-822
, which is renumbered from Section 26-32a-112.9 is
641
renumbered and amended to read:
642
[26-32a-112.9]. 19-6-822. Criminal penalties.
643
A knowing violation of any applicable provision of this [chapter] part is a third degree
644
felony, except that any violation:
645
(1) involving hazardous waste is governed by Title 19, Chapter 6, [Hazardous Substances]
646
Part 1, Solid and Hazardous Waste Act;
647
(2) of Subsection [
26-32a-103.5
]
19-6-804
(1) or (3) is subject only to the civil penalties
648
in Subsection [
26-32a-103.5
]
19-6-804
(4); and
649
(3) of Subsection [
26-32a-106
]
19-6-808
(1), (2), or (3) is subject to the penalties under
650
Subsection [
26-32a-106
]
19-6-808
(4).
651
Section 24.
Section
19-6-823
, which is renumbered from Section 26-32a-113 is
652
renumbered and amended to read:
653
[26-32a-113]. 19-6-823. Exception.
654
The provisions of this [chapter] part do not apply to waste tires from any device moved
655
exclusively by human power.
656
Section 25.
Section
19-6-824
, which is renumbered from Section 26-32a-114 is
657
renumbered and amended to read:
658
[26-32a-114]. 19-6-824. Loans from trust fund to promote tire recycling
659
industries.
660
(1) As used in this section:
661
(a) "Administrator" means the Department of Community and Economic Development.
662
(b) "Board" means the Board of Business and Economic Development.
663
(c) "Enterprise fund" means the Waste Tire Recycling Industrial Assistance Loan Fund
664
created under Subsection (3).
665
(2) There is created in this section the Waste Tire Recycling Industrial Assistance Loan
666
Program. The purpose of the program is to promote waste tire recycling industries in Utah and
667
reduce the waste tire piles in Utah.
668
(3) (a) There is created an enterprise fund known as the Waste Tire Recycling Industrial
669
Assistance Loan Fund.
670
(b) Money in the enterprise fund shall be used under this section as the funding for the loan
671
program created in this section.
672
(c) $1,000,000 shall be transferred from the trust fund to the enterprise fund to carry out
673
the purposes of this section.
674
(d) Interest accrued from monies in the enterprise fund and from loans made from the
675
enterprise fund shall remain in the enterprise fund.
676
(4) (a) The administrator may in accordance with this section make loans from the
677
enterprise fund to waste tire recyclers to promote waste tire recycling industries in Utah and reduce
678
the waste tire piles in Utah.
679
(b) The administrator shall carry out his duties under this section under the direction of the
680
board.
681
(c) The Division of Finance shall account for and track all outstanding loans under this
682
section.
683
(5) (a) As possible, the administrator shall use existing staff and resources available to the
684
Industrial Assistance Fund to carry out the administration of this section.
685
(b) (i) Administrative costs not addressed by Subsection (5)(a) shall be covered by an
686
annual amount transferred from the enterprise fund to the administrator, to be applied to the pro
687
rata portion of the administrator's costs of administering Title 9, Chapter 2, Part 12, Industrial
688
Assistance Fund, incurred by management of the enterprise fund.
689
(ii) The administrator shall annually submit the proposed amount to the board, and the
690
board shall approve the amount prior to transfer from the fund to the administrator.
691
(6) Loans under this section shall meet the following requirements:
692
(a) the loans shall be made in accordance with the provisions of this section and in
693
accordance with Title 9, Chapter 2, Part 12, Industrial Assistance Fund, except as those provisions
694
are modified by this section;
695
(b) a loan made to any individual or entity may not be for more than $250,000, unless the
696
administrator submits to the board a specific and detailed written justification for the greater loan
697
amount, and the board approves in writing the justification;
698
(c) the administrator may not loan the entire $1,000,000 to one recycler; and
699
(d) loan terms shall be consistent with Division of Finance requirements so the loans may
700
be maintained on an existing loan tracking system within the Division of Finance.
701
(7) The administrator shall establish standards and qualifications for loan recipients that:
702
(a) take into account the nature of the emerging technology, industries, and products in the
703
field of waste tire recycling;
704
(b) where possible, take into account the loan recipient's capacity to reduce waste tire piles;
705
and
706
(c) require each loan recipient as a condition of the loan to recycle a specified minimum
707
amount of waste tires from abandoned waste tire piles, as the administrator determines is
708
appropriate to the capacities of the recycler and the proximity of the recycler to abandoned waste
709
tire piles.
710
(8) Loans made under this section shall be made in compliance with the provisions of Title
711
9, Chapter 2, Part 12, Industrial Assistance Fund, except:
712
(a) the administrator shall ensure the loan recipient has adequate collateral or other form
713
of security to protect the enterprise fund;
714
(b) the applicant is not required to meet the requirement of Subsection
9-2-1205
(1)(a)
715
which addresses the minimum ratio of expenditures;
716
(c) the applicant is not required to meet the requirement of Subsection
9-2-1205
(1)(b),
717
which addresses the ability to expend at least $10,000,000 annually over the base level;
718
(d) all loan repayments shall be in cash, and credits in lieu of cash repayments may not be
719
allowed; and
720
(e) interest rates on loans made under this section may not be more than 3%, and may be
721
zero percent, as the administrator determines most effectively promotes the purposes of this
722
section.
723
(9) Loan repayments under this section shall be deposited in the enterprise fund, except
724
as provided in Subsection (10).
725
(10) (a) If this section is repealed, the assets and liabilities in the enterprise fund on the
726
repeal date shall be transferred to the trust fund.
727
(b) Subsequent loan repayments shall be deposited in the trust fund, except the amount
728
withheld under Subsection (10)(c).
729
(c) The administrator shall administer the collection of loans outstanding on the repeal
730
date, and may withhold a reasonable pro rata percentage of the loan payments made after the repeal
731
date as necessary to cover the costs of administering the loan collections after the repeal date. The
732
pro rata amount under this Subsection (10)(c) shall be based on general collection practices, and
733
shall take into account the size of the loan, duration of the loan, and actions necessary to collect
734
the loan.
735
Section 26.
Section
63-55-219
is amended to read:
736
63-55-219. Repeal dates, Title 19.
737
(1) Title 19, Chapter 2, Air Conservation Act, is repealed July 1, 2009.
738
(2) Title 19, Chapter 3, Radiation Control Act, is repealed July 1, 2002.
739
(3) Title 19, Chapter 4, Safe Drinking Water Act, is repealed July 1, 2009.
740
(4) Title 19, Chapter 5, Water Quality Act, is repealed July 1, 2009.
741
(5) Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, is repealed July 1, 2009.
742
(6) Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act, is repealed July 1,
743
2000.
744
(7) Title 19, Chapter 6, Part 4, Underground Storage Tank Act, is repealed July 1, 2008.
745
(8) Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal, is repealed July 1, 2001.
746
(9) Title 19, Chapter 6, Part 7, Used Oil Management Act, is repealed July 1, 2009.
747
(10) Title 19, Chapter 6, Part 8, Waste Tire Recycling Act, is repealed July 1, 2005.
748
Section 27.
Section
63-55-226
is amended to read:
749
63-55-226. Repeal dates, Title 26.
750
(1) Title 26, Chapter 1, Department of Health Organization, is repealed July 1, 2001.
751
(2) Title 26, Chapter 4, Utah Medical Examiner Act, is repealed July 1, 2000.
752
(3) Title 26, Chapter 10, Family Health Services, is repealed July 1, 2000.
753
(4) Title 26, Chapter 18, Medical Assistance Act, is repealed July 1, 2004.
754
[(5) Title 26, Chapter 32a, Waste Tire Recycling Act, is repealed July 1, 2000.]
755
[(6)] (5) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2004.
756
[(7) Section
26-32a-114
is repealed July 1, 2000.]
Legislative Review Note
as of 1-7-00 8:45 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.