Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-803
Division: means the Division of Waste Management and Radiation Control created in Section 19-1-105. See Utah Code 19-6-803
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Landfill waste tire pile: means a waste tire pile:
(a)
located within the permitted boundary of a landfill or transfer station operated by a governmental entity; and
(b)
consisting solely of waste tires brought to a landfill or transfer station for disposal and diverted from the landfill or transfer station waste stream to the waste tire pile. 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
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
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
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
Statute: A law passed by a legislature.
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)
A county or municipality may apply to the director for payment from the fund for costs of a waste tire transporter or recycler to remove waste tires from an abandoned waste tire pile located within that county or municipality and deliver the waste tires to a recycler.
(b)
(i)
Subject to Subsection (1)(b)(iii), an operator of a state or local government landfill or of a transfer station may apply to the director for payment from the fund for costs to remove waste tires from a waste tire pile located at that landfill or transfer station and deliver the waste tires to a recycler.
(ii)
If the removal and delivery of waste tires is to be conducted by a registered third-party waste tire transporter or recycler, the operator of a state or local government landfill or transfer station is subject to the competitive bidding process of Subsections (3) through (5).
(iii)
For a state or local government landfill or a transfer station located in a county of the first or second class, the division:
(A)
shall reimburse under Subsection (1)(b)(i) an operator of the state or local government landfill or of a transfer station in the order that the operator submits a completed request for reimbursement under Subsection (1)(b)(i); and
(B)
may not reimburse an operator of a state or local government landfill or a transfer station located in a county of the first or second class if, at the time the operator submits the operator’s request for reimbursement, the aggregate of the reimbursements to state or local government landfills or transfer stations located in a county of the first or second class made under Subsection (1)(b)(i) in a fiscal year equals $80,000.
(iv)
Subsection (1)(b)(iii) does not apply to a state or local government landfill or transfer station that is located in a county of the third through sixth class.
(c)
(i)
The director may authorize reimbursement of a waste tire transporter’s or recycler’s costs, subject to Subsections (1)(e) and (f) and as allowed under Subsection (2), to remove waste tires from an abandoned waste tire pile located in a municipality or county or a state or local government landfill waste tire pile and deliver the waste tires to a recycler.
(ii)
The cost of transporting waste tires from a transfer station to a landfill operated by a governmental entity is not eligible for reimbursement.
(d)
The director may deny an application for payment of waste tire pile removal and delivery costs, if the director determines that payment of the costs will result in there not being sufficient money in the fund to pay expected reimbursements for recycling or beneficial use under Section 19-6-809 during the next quarter.
(e)
To be eligible for reimbursement under Subsection (1)(b)(ii), a county or municipality shall receive a minimum of two eligible bids for transportation or recycling, unless it is impossible to receive two eligible bids due to a transporter or recycler:
To be eligible for reimbursement under Subsection (1)(b), an operator of a state or local government landfill or transfer station shall submit to the director:
(i)
a statement:
(A)
confirming that the waste tires were received at the landfill or transfer station;
(B)
confirming that the landfill waste tire pile consists solely of waste tires diverted from the landfill or transfer station waste stream; and
(C)
describing the size and location of the landfill waste tire pile; and
(ii)
landfill or transfer station waste receipt records indicating the origin of the waste tires.
(2)
(a)
The maximum number of miles for which the director may reimburse for transportation costs incurred by a waste tire transporter under this section is the number of miles, one way, between the location of the waste tire pile and the recycler.
(b)
This maximum number of miles available for reimbursement applies regardless of the location of the recycler to which the waste tires are transported under this section.
(c)
The director shall, upon request, advise any person preparing a bid under this section of the maximum number of miles available for reimbursement under this Subsection (2).
(d)
The cost under this Subsection (2) shall be calculated based on the cost to transport one ton of waste tires one mile.
(3)
(a)
When waste tire piles are removed or transported by a third-party waste tire transporter or recycler, the county or municipality shall through a competitive bidding process make a good faith attempt to obtain a bid for the removal of the abandoned waste tire pile and transport to a recycler.
(b)
The county or municipality shall submit to the director:
(i)
a statement from the local health department that the waste tire pile is abandoned; and
(ii)
(A)
the bid selected by the county or municipality; or
(B)
if no bids were received, a statement to that fact.
(4)
(a)
If a bid is submitted, the director shall determine if the bid is reasonable, taking into consideration:
(i)
the location and size of the abandoned waste tire pile;
(ii)
the number and size of any other abandoned waste tire piles in the area; and
(iii)
the current market for waste tires of the type in the abandoned waste tire pile.
(b)
The director shall advise the county or municipality within 30 days of receipt of the bid whether or not the bid is determined to be reasonable.
(5)
(a)
If the bid is found to be reasonable, the county or municipality may proceed to have the abandoned waste tire pile removed pursuant to the bid.
(b)
The county or municipality shall advise the director that the abandoned waste tire pile has been removed.
(6)
The recycler or waste tire transporter that removed the abandoned waste tires pursuant to the bid shall submit to the director a copy of the manifest, which shall state:
(a)
the number or tons of waste tires transported;
(b)
the location from which they were removed;
(c)
the recycler to which the waste tires were delivered; and
(d)
the amount charged by the transporter or recycler.
(7)
An operator of a state or local government landfill or transfer station shall submit to the director a statement providing:
(a)
the number or tons of waste tires removed from the landfill or transfer station;
(b)
the location from which the waste tires were removed;
(c)
the recycler to which the waste tires were delivered; and
(d)
if applicable, the amount charged by a third-party waste tire transporter or recycler to transport the waste tires to the recycler.
(8)
Upon receipt of the information required under Subsection (6) or (7), and determination that the information is complete, the director shall, within 30 days after receipt authorize the Division of Finance to reimburse the waste tire transporter or recycler the amount established under this section.
(9)
A person reimbursed under this section may not be reimbursed under Section 19-6-809, 19-6-812, or 19-6-813 for the same activities that underlay eligibility for reimbursement under this section.
