76-6-1402.  Definitions.
     As used in this part:

(1)  “Catalytic converter” means a motor vehicle exhaust system component that reduces vehicle emissions by breaking down harmful exhaust emissions.

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Terms Used In Utah Code 76-6-1402

  • Dealer: means :
(a) a scrap metal processor or secondary metals dealer or recycler, but does not include:
(i) junk dealers as defined in Section 76-6-1402;
(ii) solid waste management facilities as defined in Section 19-6-502; or
(iii) the following businesses that are authorized to accept delivery of used lead batteries for recycling under Sections 19-6-603, 19-6-604, and 19-6-605:
(A) retailers;
(B) wholesalers;
(C) battery manufacturers; and
(D) secondary lead smelters. See Utah Code 76-6-1402
  • Identification: means a form of positive identification issued by a state of the United States or the United States federal government that:
    (a) contains a numerical identifier and a photograph of the person identified;
    (b) provides the date of birth of the person identified; and
    (c) includes a state identification card, a state driver license, a United States military identification card, or a United States passport. See Utah Code 76-6-1402
  • 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.
  • Metals refiner: means an individual or business that refines or melts any regulated metal, but does not include an individual or business that primarily uses ore, concentrate, or other primary materials in refining, melting, or producing any regulated metal. See Utah Code 76-6-1402
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Regulated metal: includes :
    (i) aluminum, brass, copper, lead, chromium, tin, nickel, or alloys of these metals, except under Subsection (9)(c), and lead that is a part of an automotive or industrial lead battery;
    (ii) property that is a regulated metal and that is owned by, and also identified by marking or other means as the property of:
    (A) a telephone, cable, electric, water, or other utility; or
    (B) a railroad company;
    (iii) unused and undamaged building construction materials made of metal or alloy, including:
    (A) copper pipe, tubing, or wiring; and
    (B) aluminum wire, siding, downspouts, or gutters;
    (iv) oil well rigs, including any part of the rig;
    (v) nonferrous materials, stainless steel, and nickel; and
    (vi) irrigation pipe. See Utah Code 76-6-1402
  • Scrap metal processor: means any person:
    (a) who, from a fixed location, utilizes machinery and equipment for processing and manufacturing iron, steel, or nonferrous scrap into prepared grades; and
    (b) whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap, not including precious metals, for sale for remelting purposes. See Utah Code 76-6-1402
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
    • (2)  “Dealer” means:

    (a)  a scrap metal processor or secondary metals dealer or recycler, but does not include:

    (i)  junk dealers as defined in Section 76-6-1402;

    (ii)  solid waste management facilities as defined in Section 19-6-502; or

    (iii)  the following businesses that are authorized to accept delivery of used lead batteries for recycling under Sections 19-6-603, 19-6-604, and 19-6-605:

    (A)  retailers;

    (B)  wholesalers;

    (C)  battery manufacturers; and

    (D)  secondary lead smelters.

    (b)  a metals refiner.

    (3)  “Ferrous metal” means a metal that contains significant quantities of iron or steel.

    (4)  “Identification” means a form of positive identification issued by a state of the United States or the United States federal government that:

    (a)  contains a numerical identifier and a photograph of the person identified;

    (b)  provides the date of birth of the person identified; and

    (c)  includes a state identification card, a state driver license, a United States military identification card, or a United States passport.

    (5)  “Junk dealer” means all persons, firms, or corporations engaged in the business of purchasing or selling secondhand or castoff material, including ropes, cordage, bottles, bagging, rags, rubber, paper, and other like materials, but not including regulated metal.

    (6)  “Local law enforcement agency” means the law enforcement agency that has jurisdiction over the area where the dealer’s business is located.

    (7)  “Metals refiner” means an individual or business that refines or melts any regulated metal, but does not include an individual or business that primarily uses ore, concentrate, or other primary materials in refining, melting, or producing any regulated metal.

    (8)  “Nonferrous metal”:

    (a)  means a metal that does not contain significant quantities of iron or steel; and

    (b)  includes copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys.

    (9) 

    (a)  “Regulated metal” means any item composed primarily of nonferrous metal, except as provided in Subsection (9)(c).

    (b)  “Regulated metal” includes:

    (i)  aluminum, brass, copper, lead, chromium, tin, nickel, or alloys of these metals, except under Subsection (9)(c), and lead that is a part of an automotive or industrial lead battery;

    (ii)  property that is a regulated metal and that is owned by, and also identified by marking or other means as the property of:

    (A)  a telephone, cable, electric, water, or other utility; or

    (B)  a railroad company;

    (iii)  unused and undamaged building construction materials made of metal or alloy, including:

    (A)  copper pipe, tubing, or wiring; and

    (B)  aluminum wire, siding, downspouts, or gutters;

    (iv)  oil well rigs, including any part of the rig;

    (v)  nonferrous materials, stainless steel, and nickel; and

    (vi)  irrigation pipe.

    (c)  “Regulated metal” does not include:

    (i)  ferrous metal, except as provided in Subsection (9)(b)(ii) or (iv);

    (ii)  household-generated recyclable materials;

    (iii)  items composed wholly of light iron or sheet steel;

    (iv)  aluminum beverage containers; or

    (v)  containers used solely for containing food.

    (10)  “Scrap metal processor” means any person:

    (a)  who, from a fixed location, utilizes machinery and equipment for processing and manufacturing iron, steel, or nonferrous scrap into prepared grades; and

    (b)  whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap, not including precious metals, for sale for remelting purposes.

    (11)  “Secondary metals dealer or recycler” means any person who:

    (a)  is engaged in the business of purchasing, collecting, or soliciting regulated metal; or

    (b)  operates or maintains a facility where regulated metal is purchased or kept for shipment, sale, transfer, or salvage.

    (12)  “Suspect metal items” are the following items made of regulated metal:

    (a)  manhole covers and sewer grates;

    (b)  gas meters and water meters;

    (c)  traffic signs, street signs, aluminum street light poles, communications transmission towers, and guard rails;

    (d)  grave site monument vases and monument plaques;

    (e)  any monument plaque;

    (f)  brass or bronze bar stock and bar ends;

    (g)  ingots;

    (h)  nickel and nickel alloys containing greater than 50% nickel;

    (i)  #1 and #2 copper as defined by the most recent institute of Scrap Recycling Industries, Inc., Scrap Specifications Circular;

    (j)  unused and undamaged building materials, including:

    (i)  greenline copper;

    (ii)  copper pipe, tubing, or wiring; and

    (iii)  aluminum wire, siding, downspouts, or gutters;

    (k)  catalytic converters;

    (l)  automotive and industrial lead batteries; and

    (m)  wire that has been burned or that has the appearance of having been burned.

    Amended by Chapter 108, 2015 General Session

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