19-6-811 - Funding for management of certain landfill or abandoned waste tire piles -- Limitations.
19-6-811. Funding for management of certain landfill or abandoned waste tire piles-- Limitations.
(1) (a) A county or municipality may apply to the executive secretary for payment fromthe fund for costs of a waste tire transporter or recycler to remove waste tires from an abandonedwaste tire pile or a landfill waste tire pile operated by a state or local governmental entity anddeliver the waste tires to a recycler.
(b) The executive secretary may authorize a maximum reimbursement of:
(i) 100% of a waste tire transporter's or recycler's costs allowed under Subsection (2) toremove waste tires from an abandoned waste tire pile or landfill waste tire pile and deliver thewaste tires to a recycler, if no waste tires have been added to the abandoned waste tire pile orlandfill waste tire pile on or after July 1, 2001; or
(ii) 60% of a waste tire transporter's or recycler's costs allowed under Subsection (2) toremove waste tires from an abandoned waste tire pile or landfill waste tire pile and deliver thewaste tires to a recycler, if waste tires have been added to the abandoned waste tire pile orlandfill waste tire pile on or after July 1, 2001.
(c) The executive secretary may deny an application for payment of waste tire pileremoval and delivery costs, if the executive secretary determines that payment of the costs willresult in there not being sufficient money in the fund to pay expected reimbursements forrecycling or beneficial use under Section 19-6-809 during the next quarter.
(2) (a) The maximum number of miles for which the executive secretary may reimbursefor transportation costs incurred by a waste tire transporter under this section, is the number ofmiles, one way, between the location of the waste tire pile and the State Capitol Building, in SaltLake City, Utah, or to the recycler, whichever is less.
(b) This maximum number of miles available for reimbursement applies regardless of thelocation of the recycler to which the waste tires are transported under this section.
(c) The executive secretary shall, upon request, advise any person preparing a bid underthis section of the maximum number of miles available for reimbursement under this Subsection(2).
(d) The cost under this Subsection (2) shall be calculated based on the cost to transportone ton of waste tires one mile.
(3) (a) The county or municipality shall through a competitive bidding process make agood faith attempt to obtain a bid for the removal of the landfill or abandoned waste tire pile andtransport to a recycler.
(b) The county or municipality shall submit to the executive secretary:
(i) (A) (I) a statement from the local health department stating the landfill waste tire pileis operated by a state or local governmental entity and consists solely of waste tires diverted fromthe landfill waste stream;
(II) a description of the size and location of the landfill waste tire pile; and
(III) landfill records showing the origin of the waste tires; or
(B) a statement from the local health department that the waste tire pile is abandoned;and
(ii) (A) the bid selected by the county or municipality; or
(B) if no bids were received, a statement to that fact.
(4) (a) If a bid is submitted, the executive secretary shall determine if the bid isreasonable, taking into consideration:
(i) the location and size of the landfill or abandoned waste tire pile;
(ii) the number and size of any other landfill or abandoned waste tire piles in the area;and
(iii) the current market for waste tires of the type in the landfill or abandoned waste tirepile.
(b) The executive secretary shall advise the county or municipality within 30 days ofreceipt of the bid whether or not the bid is determined to be reasonable.
(5) (a) If the bid is found to be reasonable, the county or municipality may proceed tohave the landfill or abandoned waste tire pile removed pursuant to the bid.
(b) The county or municipality shall advise the executive secretary that the landfill orabandoned waste tire pile has been removed.
(6) The recycler or waste tire transporter that removed the landfill or abandoned wastetires pursuant to the bid shall submit to the executive secretary a copy of the manifest, whichshall state:
(a) the number or tons of waste tires transported;
(b) the location from which they were removed;
(c) the recycler to which the waste tires were delivered; and
(d) the amount charged by the transporter or recycler.
(7) Upon receipt of the information required under Subsection (6), and determination thatthe information is complete, the executive secretary shall, within 30 days after receipt authorizethe Division of Finance to reimburse the waste tire transporter or recycler the amount establishedunder this section.
Amended by Chapter 256, 2002 General Session