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 healthdepartment having jurisdiction over the applicant's business address for partial reimbursement forthe cost of transporting and processing a waste tire or a material derived from a waste tire that:
(i) meets the requirements of Subsections (3) and (4); and
(ii) is used within the state for:
(A) energy recovery or production;
(B) the creation of an ultimate product;
(C) the production of crumb rubber, if a contract exists for the sale of the crumb rubberfor use, either within or outside the state, as a component in an ultimate product;
(D) the production of a chipped tire, if:
(I) the chipped tire is beneficially used, either within or outside the state; and
(II) a contract exists for the sale of the chipped tire; or
(E) a use defined in rule as recycling.
(b) A recycler is not eligible to receive partial reimbursement for transportation orprocessing 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 partialreimbursement for transportation or processing costs related to the production of the crumbrubber.
(c) A recycler who qualifies under this section for partial reimbursement may waive thereimbursement and request in writing that the reimbursement be paid to a person who:
(i) delivers a waste tire or material derived from a waste tire to the recycler; or
(ii) processes the waste tire prior to the recycler's receipt of the waste tire or a materialderived from the waste tire for recycling.
(2) Subject to the limitations in Section 19-6-816, a recycler is entitled to:
(a) $65 as partial reimbursement for each ton of waste tires or material derived fromwaste tires converted to crumb rubber, if a contract exists for the sale of the crumb rubber for useas a component in an ultimate product;
(b) $50 as partial reimbursement for each ton of waste tires or material derived fromwaste tires recycled, other than as crumb rubber; and
(c) $20 as partial reimbursement for each ton of chipped tires used for a beneficial use.
(3) (a) A recycler is eligible for a partial reimbursement if the recycler establishes, incooperation with a tire retailer or transporter, or both, a reasonable schedule to remove wastetires in sufficient quantities to allow for economic transportation of waste tires located in amunicipality, as defined in Section 10-1-104, within the state.
(b) A recycler who is eligible for partial reimbursement under Subsection (3)(a) may alsoreceive partial reimbursement for recycling a tire received from a location within the state otherthan those associated with a retail tire business, including a waste tire from a waste tire pile or anabandoned waste tire pile, as provided by Section 19-6-810.
(4) A recycler who applies for partial reimbursement under Subsection (1) shalldemonstrate to the local health department identified in Subsection (1)(a) that:
(a) the waste tire or material derived from a waste tire that qualifies for thereimbursement was:
(i) (A) removed and transported by a registered waste tire transporter, a recycler, or a tire
retailer; or
(B) generated by a private person who:
(I) is not a waste tire transporter as defined in Section 19-6-803; and
(II) brings the waste tire to the recycler; and
(ii) generated in the state; and
(b) if the tire is from a waste tire pile or abandoned waste tire pile, the recycler compliedwith the requirements of Section 19-6-810.
Amended by Chapter 66, 2008 General Session