| (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:| (C) | battery manufacturers; and |
| (D) | secondary lead smelters. See Utah Code 76-6-1402Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5Property: includes both real and personal property. See Utah Code 68-3-12.5Regulated 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 |
|
| (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 76-6-1402Writing: includes :Utah Code 68-3-12.5 |
| (2) |
Except when the dealer pays a government entity by check for regulated metal, the dealer may not purchase any of the following regulated metal without obtaining and keeping on file reasonable documentation that the seller is an employee, agent, or contractor of a governmental entity who is authorized to sell the item of regulated metal property on behalf of the governmental entity:
| (a) |
a manhole cover or sewer grate; |
| (b) |
an electric light pole; or |
|
| (3) |
| (a) |
A dealer may not purchase suspect metal without obtaining the information under Subsection (3)(b) identifying the owner of the suspect metal. |
| (b) |
The owner of the suspect metal shall provide in writing:
| (i) |
the owner’s telephone number; |
| (ii) |
the owner’s business or residential address, which may not be a post box; |
| (iii) |
a copy of the owner’s driver license; and |
| (iv) |
a signed statement that the person is the lawful owner of the suspect metal and authorizes the seller, identified by name, to sell the suspect metal. |
|
| (c) |
The dealer shall keep the identifying information provided in Subsection (3)(b) on file for not less than one year. |
|
| (4) |
Transactions with businesses that have an established account with the dealer are exempt from the requirements of Subsections (2) and (3) if the business holds a valid business license, and:
| (a) |
| (i) |
the dealer has on file a statement from the business identifying those employees authorized to sell all metals to the dealer; and |
| (ii) |
the dealer conducts regulated metal transactions only with those identified employees of the business and records the name of the employee when recording the transaction; |
|
| (b) |
the dealer has on file reasonable documentation from the business that any person verified as representing the business as an employee, and whom the dealer has verified is an employee, may sell regulated metal; or |
| (c) |
the dealer makes payment for regulated metal purchased from a person by issuing a check to the business employing the seller. |
|
| (6) |
A dealer who violates this section is subject to the penalties described in Section 76-6-1406.1. |
Amended by Chapter 111, 2023 General Session
|
|
|
