19-6-804 - Restrictions on disposal of tires -- Penalties.
19-6-804. Restrictions on disposal of tires -- Penalties.
(1) (a) After January 1, 1994, an individual, including a waste tire transporter, may notdispose of more than four whole tires at one time in a landfill or any other location in the stateauthorized by the executive secretary to receive waste tires, except for purposes authorized byboard rule.
(b) Tires are exempt from this Subsection (1) if the original tire has a rim diametergreater than 24.5 inches.
(c) No person, including a waste tire transporter, may dispose of waste tires or storewaste tires in any manner not allowed under this part or rules made under this part.
(2) The operator of the landfill or other authorized location shall direct that the waste tiresbe disposed in a designated area to facilitate retrieval if a market becomes available for thedisposed waste tires or material derived from waste tires.
(3) An individual, including a waste tire transporter, may dispose of shredded waste tiresin a landfill in accordance with Section 19-6-812, and may also, without reimbursement, disposein a landfill materials derived from waste tires that do not qualify for reimbursement underSection 19-6-812, but the landfill shall dispose of the material in accordance with Section19-6-812.
(4) (a) An individual, including a waste tire transporter, violating this section is subject toenforcement proceedings and a civil penalty of not more than $100 per waste tire or perpassenger tire equivalent disposed of in violation of this section. A warning notice may be issuedprior to taking further enforcement action under this Subsection (4).
(b) A civil proceeding to enforce this section and collect penalties under this section maybe brought in the district court where the violation occurred by the board, the local healthdepartment, or the county attorney having jurisdiction over the location where the tires weredisposed in violation of this section.
(c) Penalties collected under this section shall be deposited in the fund.
Amended by Chapter 256, 2002 General Session