Current through Bulletin 2024-06, March 15, 2024
(1) Each waste tire transporter who
transports waste tires within the state of Utah must apply for, receive and
maintain a current waste tire transporter registration certificate from the
Director.
(2) Each applicant for
registration as a waste tire transporter shall complete a waste tire
transporter application form provided by the Director and provide the following
information:
(a) business name;
(b) address to include:
(i) mailing address; and
(ii) site address if different from mailing
address;
(c) telephone
number;
(d) list of vehicles used
including the following:
(i) description of
vehicle;
(ii) license number of
vehicle;
(iii) vehicle
identification number; and
(iv)
name of registered owner;
(e) name of business owner;
(f) name of business operator;
(g) list of sites to which waste tires are to
be transported;
(h) liability
insurance information as follows:
(i) name of
company issuing policy;
(ii) amount
of liability insurance coverage; and
(iii) term of policy.
(i) meet the requirements of R315-320-4(3)(b)
and (c).
(3) A waste
tire transporter shall:
(a) demonstrate
financial responsibility for bodily injury and property damage, including
bodily injury and property damage to third parties caused by sudden or
nonsudden accidental occurrences arising form transporting waste tires. The
waste tire transporter shall have and maintain liability coverage for sudden or
nonsudden accidental occurrences in the amount of $300,000;
(b) for the initial application for a waste
tire transporter registration or for any subsequent application for
registration at a site not previously registered, demonstrate to the Director
that all local government requirements for a waste tire transporter have been
met, including obtaining all necessary permits or approvals where required;
and
(c) demonstrate to the Director
that the waste tires transported by the transporter are taken to a registered
waste tire recycler or that the waste tires are placed in a permitted waste
tire storage facility that is in full compliance with the requirements of Rule
R315-314. Filling of a complete report as required in Subsection R315-320-4(9)
shall constitute compliance with this requirement.
(4) A waste tire transporter shall notify the
Director of:
(a) any change in liability
insurance coverage within 5 working days of the change; and
(b) any other change in the information
provided in Subsection R315-320-4(2) within 20 days of the change.
(5) A registration certificate
will be issued to an applicant following the:
(a) completion of the application required by
Subsection R315-320-4(2);
(b)
presentation of proof of liability coverage as required by Subsection
R315-320-4(3); and
(c) payment of
the fee as established by the Annual Appropriations Act.
(6) A waste tire transporter registration
certificate is not transferable and shall be issued for the term of one
year.
(7) If a waste tire
transporter is required to be registered by a local government or a local
health department:
(a) the waste tire
transporter may be assessed an annual registration fee by the local government
or the local health department not to exceed to the following schedule:
(i) for one through five trucks, $50;
and
(ii) $10 for each additional
truck;
(b) the Director
shall issue a non-transferable registration certificate upon the applicant
meeting the requirements of Subsections R315-320-4(2) and (3) and shall not
require the payment of the fee specified in Subsection R315-320-4(5)(c), if the
fee allowed in Subsection R315-320-4(7)(a) is paid; and
(c) the registration certificate shall be
valid for one year.
(8)
Waste tire transporters storing tires in piles must meet the requirements of
Rule R315-314.
(9) Reporting
Requirements.
(a) Each waste tire transporter
shall submit a quarterly activity report to the Director. The activity report
shall be submitted on or before the 30th of the month following the end of each
quarter.
(b) The activity report
shall contain the following information:
(i)
the number of waste tires collected at each waste tire generator, including the
name, address, and telephone number of the waste tire generator;
(ii) the number of tires shall be listed by
the type of tire based on the following:
(A)
passenger/light truck tires or tires with a rim diameter of 19.5 inches or
less;
(B) truck tires or tires
ranging in size from 7.50x20 to 12R24.5; and
(C) other tires such as farm tractor, earth
mover, motorcycle, golf cart, ATV, etc.
(iii) the number or tons of waste tires
shipped to each waste tire recycler or processor for a waste tire recycler,
including the name, address, and telephone number of each recycler or
processor;
(iv) the number of tires
shipped as used tires to be resold;
(v) the number of waste tires placed in a
permitted waste tire storage facility; and
(vi) the number of tires disposed in a
permitted landfill, or put to other legal use.
(c) The activity report may be submitted in
electronic format.
(10)
Revocation of Registration.
(a) The
registration of a waste tire transporter may be revoked upon the Director
finding that:
(i) the activities of the waste
tire transporter that are regulated under Section R315-320-4 have been or are
being conducted in a way that endangers human health or the
environment;
(ii) the waste tire
transporter has made a material misstatement of fact in applying for or
obtaining a registration as a waste tire transporter or in the quarterly
activity report required by Subsection R315-320-4(9);
(iii) the waste tire transporter has provided
a recycler with a material misstatement of fact which the recycler subsequently
used as documentation in a request for partial reimbursement under Section
19-6-813;
(iv) the waste tire transporter has violated
any provision of the Waste Tire Recycling Act, Title 19 Chapter 6, or any
order, approval, or rule issued or adopter under the Act;
(v) the waste tire transporter failed to meet
or no longer meets the requirements of Section R315-320-4;
(vi) the waste tire transporter has been
convicted under Subsection
19-6-822;
or
(vii) the waste tire transporter
has had the registration from a local government or a local health department
revoked.
(b)
Registration will not be revoked for submittal of incomplete information
required for registration or a reimbursement request if the error was not a
material misstatement.
(c) For
purposes of Subsection R315-320-4(10)(a), the statements, actions, or failure
to act of a waste tire transporter shall include the statements, actions, or
failure to act of any officer, director, agent or employee of the waste tire
transporter.
(d) The administrative
procedures set forth in Rule R315-12 shall govern revocation of
registration.