Utah Code 19-6-806. Registration of waste tire transporters and recyclers

19-6-806. Registration of waste tire transporters and recyclers.

(1)

Terms Used In Utah Code 19-6-806

Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-6-803
Director: means the director of the Division of Waste Management and Radiation Control. 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
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

(b)

is registered as a recycler in accordance with Section 19-6-806. 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

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 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 :Utah Code 68-3-12.5
(a)	The director shall register an applicant for registration to act as a waste tire transporter if the applicant meets the requirements of this section.

(b)

An applicant for registration as a waste tire transporter shall:

(i)	submit an application in a form prescribed by the director;

(ii)	pay a fee as determined by the board under Section 63J-1-504;

(iii)

provide the name and business address of the operator;

(iv)	provide proof of liability insurance or other form of financial responsibility in an amount determined by board rule, but not more than $300,000, for any liability the waste tire transporter may incur in transporting waste tires; and

(v)	meet requirements established by board rule.

(c)	The holder of a registration under this section shall advise the director in writing of a change in application information provided to the director within 20 days of the change.

(d)

A waste tire transporter may only deliver tires to a recycler in accordance with this part or rules made under this part. If the director has reason to believe a waste tire transporter has disposed of tires other than as allowed under this part, the director shall conduct an investigation and, after complying with the procedural requirements of Title 63G, Chapter 4, Administrative Procedures Act, may revoke the registration.

(2)

(a)	The director shall register an applicant for registration to act as a waste tire recycler if the applicant meets the requirements of this section.

(b)

An applicant for registration as a waste tire recycler shall:

(i)	submit an application in a form prescribed by the director;

(ii)	pay a fee as determined by the board under Section 63J-1-504;

(iii)

provide the name and business address of the operator of the recycling business;

(iv)	provide proof of liability insurance or other form of financial responsibility in an amount determined by board rule, but not more than $300,000, for any liability the waste tire recycler may incur in storing and recycling waste tires;

(v)	engage in activities as described under the definition of recycler in Section 19-6-803; and

(vi)	meet requirements established by board rule.

(c)	The holder of a registration under this section shall advise the director in writing of a change in application information provided to the director within 20 days of the change.

(d)

If the director has reason to believe a waste tire recycler has falsified any information provided in an application for partial reimbursement under this section, the director shall, after complying with the procedural requirements of Title 63G, Chapter 4, Administrative Procedures Act, revoke the registration.

(3)	The board shall establish a uniform fee for registration that shall be imposed by a unit of local government or local health department that requires a registration fee as part of the registration of waste tire transporters or waste tire recyclers.

Amended by Chapter 114, 2019 General Session

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