Section 809 - Partial reimbursement.

UT Code § 19-6-809 (2019) (N/A)
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(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 for the 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 rubber for 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 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 for 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 a waste tire or material derived from a waste tire to the recycler; or (ii) processes the waste tire before the recycler receives the waste tire or a material derived from the waste tire for recycling. (d) A recycler is not eligible to receive partial reimbursement for transportation or processing costs for baling: (i) whole waste tires; or (ii) materials derived from waste tires that are larger than shredded waste tires.

(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 for the 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 rubber for 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.

(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 rubber for 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.

(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 rubber for 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

(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 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 for transportation or processing costs related to the production of the crumb rubber.

(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 for 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 a waste tire or material derived from a waste tire to the recycler; or (ii) processes the waste tire before the recycler receives the waste tire or a material derived from the waste tire for recycling.

(i) delivers a waste tire or material derived from a waste tire to the recycler; or

(ii) processes the waste tire before the recycler receives the waste tire or a material derived from the waste tire for recycling.

(d) A recycler is not eligible to receive partial reimbursement for transportation or processing costs for baling: (i) whole waste tires; or (ii) materials derived from waste tires that are larger than shredded waste tires.

(i) whole waste tires; or

(ii) materials derived from waste tires that are larger than shredded waste tires.

(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 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) $50 as partial reimbursement for each ton of waste tires or material derived from waste tires recycled, other than as crumb rubber; and (c) $20 as partial reimbursement for each ton of chipped tires used for a beneficial use.

(a) $65 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) $50 as partial reimbursement for each ton of waste tires or material derived from waste 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, in cooperation with a tire retailer or transporter, or both, a reasonable schedule to remove waste tires in sufficient quantities to allow for economic transportation of waste tires located in a municipality, as defined in Section 10-1-104, within the state. (b) A recycler who is eligible for partial reimbursement under Subsection (3)(a) may also receive partial reimbursement for recycling a tire received from a location within the state other than those associated with a retail tire business, including a waste tire from a waste tire pile or an abandoned waste tire pile, as provided by Section 19-6-810.

(a) A recycler is eligible for a partial reimbursement if the recycler establishes, in cooperation with a tire retailer or transporter, or both, a reasonable schedule to remove waste tires in sufficient quantities to allow for economic transportation of waste tires located in a municipality, as defined in Section 10-1-104, within the state.

(b) A recycler who is eligible for partial reimbursement under Subsection (3)(a) may also receive partial reimbursement for recycling a tire received from a location within the state other than those associated with a retail tire business, including a waste tire from a waste tire pile or an abandoned waste tire pile, as provided by Section 19-6-810.

(4) A recycler who applies for partial reimbursement under Subsection (1) shall demonstrate 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 the reimbursement 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 complied with the requirements of Section 19-6-810.

(a) the waste tire or material derived from a waste tire that qualifies for the reimbursement 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

(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

(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

(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 complied with the requirements of Section 19-6-810.