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2006 Utah Code - 19-6-809 — Partial reimbursement.
19-6-809. Partial reimbursement.
(1) (a) A recycler may submit an application under Section 19-6-813 to the local health department having jurisdiction over the applicant's business address for partial reimbursement of the cost of transporting and processing waste tires or materials derived from waste tires that:
(i) meet the requirements of Subsections (3) and (4); and
(ii) are used within the state for:
(A) energy recovery or production;
(B) the creation of ultimate products;
(C) the production of crumb rubber, if a contract exists for the sale of the crumb rubber for use, either within or outside the state, as a component in an ultimate product;
(D) the production of chipped tires, if the chipped tires are to be applied to a beneficial use, either within or outside the state, and a contract exists for their sale; or
(E) any use defined by board rule as recycling.
(b) A recycler is not eligible to receive partial reimbursement of transportation or processing costs related to the creation of an ultimate product if:
(i) the recycler used crumb rubber as a component of the ultimate product; and
(ii) the recycler, or another recycler, previously received under this section partial reimbursement of transportation or processing costs related to the production of the crumb rubber.
(c) A recycler who qualifies under this section for partial reimbursement may waive the reimbursement and request in writing that the reimbursement be paid to a person who:
(i) delivers waste tires or material derived from waste tires to the recycler; or
(ii) processes the waste tires prior to the recycler's receipt of the waste tires or materials derived from the waste tires for recycling.
(2) Subject to the limitations in Section 19-6-816, a recycler is entitled to:
(a) $90 as partial reimbursement for each ton of waste tires or material derived from waste tires converted to crumb rubber, if a contract exists for the sale of the crumb rubber for use as a component in an ultimate product;
(b) $75 as partial reimbursement for each ton of waste tires or material derived from waste tires recycled, other than as crumb rubber; and
(c) $45 as partial reimbursement for each ton of chipped tires used for a beneficial use.
(3) (a) In order for a recycler to be eligible for partial reimbursement, the recycler shall establish in cooperation with tire retailers or transporters, or both, a reasonable schedule to remove waste tires in sufficient quantities to allow for economic transportation of waste tires located in any municipality within the state as defined in Section 10-1-104.
(b) A recycler complying with Subsection (3)(a) may also receive partial reimbursement for recycling tires received from locations within the state other than those associated with retail tire businesses, including waste tires from waste tire piles and abandoned waste tire piles, under Section 19-6-810.
(4) A recycler who applies for partial reimbursement under Subsection (1) shall demonstrate the waste tires or materials derived from waste tires that qualify for the reimbursement:
(a) (i) were removed and transported by a registered waste tire transporter, a recycler, or a tire retailer; or
(ii) were generated by a private person who is not a waste tire transporter as defined in
(1) (a) A recycler may submit an application under Section 19-6-813 to the local health department having jurisdiction over the applicant's business address for partial reimbursement of the cost of transporting and processing waste tires or materials derived from waste tires that:
(i) meet the requirements of Subsections (3) and (4); and
(ii) are used within the state for:
(A) energy recovery or production;
(B) the creation of ultimate products;
(C) the production of crumb rubber, if a contract exists for the sale of the crumb rubber for use, either within or outside the state, as a component in an ultimate product;
(D) the production of chipped tires, if the chipped tires are to be applied to a beneficial use, either within or outside the state, and a contract exists for their sale; or
(E) any use defined by board rule as recycling.
(b) A recycler is not eligible to receive partial reimbursement of transportation or processing costs related to the creation of an ultimate product if:
(i) the recycler used crumb rubber as a component of the ultimate product; and
(ii) the recycler, or another recycler, previously received under this section partial reimbursement of transportation or processing costs related to the production of the crumb rubber.
(c) A recycler who qualifies under this section for partial reimbursement may waive the reimbursement and request in writing that the reimbursement be paid to a person who:
(i) delivers waste tires or material derived from waste tires to the recycler; or
(ii) processes the waste tires prior to the recycler's receipt of the waste tires or materials derived from the waste tires for recycling.
(2) Subject to the limitations in Section 19-6-816, a recycler is entitled to:
(a) $90 as partial reimbursement for each ton of waste tires or material derived from waste tires converted to crumb rubber, if a contract exists for the sale of the crumb rubber for use as a component in an ultimate product;
(b) $75 as partial reimbursement for each ton of waste tires or material derived from waste tires recycled, other than as crumb rubber; and
(c) $45 as partial reimbursement for each ton of chipped tires used for a beneficial use.
(3) (a) In order for a recycler to be eligible for partial reimbursement, the recycler shall establish in cooperation with tire retailers or transporters, or both, a reasonable schedule to remove waste tires in sufficient quantities to allow for economic transportation of waste tires located in any municipality within the state as defined in Section 10-1-104.
(b) A recycler complying with Subsection (3)(a) may also receive partial reimbursement for recycling tires received from locations within the state other than those associated with retail tire businesses, including waste tires from waste tire piles and abandoned waste tire piles, under Section 19-6-810.
(4) A recycler who applies for partial reimbursement under Subsection (1) shall demonstrate the waste tires or materials derived from waste tires that qualify for the reimbursement:
(a) (i) were removed and transported by a registered waste tire transporter, a recycler, or a tire retailer; or
(ii) were generated by a private person who is not a waste tire transporter as defined in
Section 19-6-803, and that person brings the waste tires to the recycler;
(b) were generated in the state; and
(c) if the tires are from a waste tire pile or abandoned waste tire pile, the recycler
complies with the applicable provisions of Section 19-6-810.
Amended by Chapter 132, 2005 General Session
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