Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-803
Disposal: means the deposit, dumping, or permanent placement of waste tire in or on land or in water in the state. See Utah Code 19-6-803
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
Storage: means the placement of waste tires in a manner that does not constitute disposal of the waste tires. See Utah Code 19-6-803
Store: means to place waste tires in a manner that does not constitute disposal of the waste tires. 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
(a)
conditions and procedures for acting to issue or revoke a registration as a waste tirerecycler or transporter under Section 19-6-806;
(b)
the amount of liability insurance or other financial responsibility the applicant is required to have to qualify for registration under Section 19-6-806, which amount may not be more than $300,000 for any liability the waste tire transporter or recycler may incur in recycling or transporting waste tires;
(c)
the form and amount of financial assurance required for a site or facility used to store waste tires, which amount shall be sufficient to ensure the cleanup or removal of waste tires from that site or facility;
(d)
standards and required documentation for tracking and record keeping of waste tires subject to regulation under this part, including:
(i)
manifests for handling and transferring waste tires;
(ii)
records documenting date, quantities, and size or type of waste tires transported, processed, transferred, or sold;
(iii)
records documenting persons between whom transactions under this Subsection (1)(d) occurred and the amounts of waste tires involved in those transactions; and
(iv)
requiring that documentation under this Subsection (1)(d) be submitted on a quarterly basis, and that this documentation be made available for public inspection;
(e)
authorize inspections and audits of waste tire recycling, transportation, or storage facilities and operations subject to this part;
regarding applications to the director for reimbursements under Section 19-6-811, the content of the reimbursement application form and the procedure to apply for reimbursement;
(h)
requirements for the storage of waste tires, including permits for storage;
(i)
the types of energy recovery or other appropriate environmentally compatible uses eligible for reimbursement, which:
(i)
shall include pyrolization, but not retreading; and
(ii)
shall apply to all waste tire recycling and beneficial use reimbursements within the state;
(j)
the applications of waste tires that are not eligible for reimbursement;
(k)
the applications of waste tires that are considered to be the storage or disposal of waste tires; and
(l)
provisions governing the storage or disposal of waste tires, including the process for issuing permits for waste tire storage sites.
(2)
The board may:
(a)
require retention and submission of the records required under this part;
(b)
require audits of the records and record keeping procedures required under this part and rules made under this part, except that audits of records regarding the fee imposed and collected by the commission under Sections 19-6-805 and 19-6-808 are the responsibility of the commission; and
(c)
as necessary, make rules requiring additional information as the board determines necessary to effectively administer Section 19-6-812, which rules may not place an undue burden on the operation of landfills.
