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
Recycler: means a person who:
(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
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
Waste tire: means :
(a)
a tire that is no longer suitable for the tire's original intended purpose because of wear, damage, or defect; or
(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
(a)
prior to recycling or the beneficial use of any of the waste tires, the recycler receives an affidavit from the local health department of the jurisdiction where the waste tire pile is located, stating:
(i)
the waste tire pile is abandoned; and
(ii)
the local health department has not been able to:
(A)
locate the persons responsible for the waste tire pile; or
(B)
cause the persons responsible for the waste tire pile to remove it;
(b)
the waste tire transporter who transports the waste tires to the recycler:
(i)
is registered;
(ii)
has received from the local health department an affidavit stating it has authorized the transporter to remove the waste tires and deliver them to a recycler; and
(iii)
provides a copy of the affidavit to the recycler; and
(c)
the recycler provides to the local health department:
(i)
proof of compliance with this Subsection (1) in the required form; and
A recycler may receive partial reimbursement for recycling or the beneficial use of waste tires from waste tire piles within the state that are not abandoned if:
(a)
prior to recycling or the beneficial use of any of the waste tires, the recycler receives an affidavit from the local health department of the jurisdiction where the waste tire pile is located, stating the waste tire pile is not abandoned;
(b)
the recycler obtains an affidavit from the owner of the waste tire pile or the owner’s authorized designee stating:
(i)
the waste tires are from a pile to which no tires have been added after June 30, 1991; or
(ii)
if the waste tires are from a waste tire pile to which waste tires have been added after June 30, 1991, all the waste tires provided to the recycler were generated within the state;
(c)
the waste tires are transported to the recycler by a registered waste tire transporter, who provides a manifest to the recycler; and
(d)
the recycler provides to the local health department:
(i)
proof of compliance with this Subsection (2) in the required form; and
