Current through Bulletin 2024-06, March 15, 2024
(1) Each waste tire recycler requesting the
reimbursement allowed by Subsection
19-6-809(1),
must apply for, receive, and maintain a current waste tire recycler
registration certificate from the Director.
(2) Each applicant for registration as a
waste tire recycler shall complete a waste tire recycler 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) owner name;
(e) operator name;
(f) description of the recycling
process;
(g) proof that the
recycling process described in Subsection R315-320-5(2)(f):
(i) is being conducted at the site;
or
(ii) for the initial application
for a recycler registration, that the recycler has the equipment in place and
the ability to conduct the process at the site;
(h) estimated number of tires to be recycled
each year;
(i) liability insurance
information as follows:
(i) name of company
issuing policy;
(ii) proof of the
amount of liability insurance coverage; and
(iii) term of policy; and
(j) meet the requirements of
Subsection R315-320-5(3)(b).
(3) A waste tire recycler 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
from storing and recycling waste tires. The waste tire recycler shall have and
maintain liability coverage for sudden or nonsudden accidental occurrences in
the amount of $300,000; and
(b) for
the initial application for a recycler registration or for any subsequent
application for registration at a site not previously registered, demonstrate
to the Director that all local requirements for a waste tire recycler have been
met, including obtaining all necessary permits or approvals where
required.
(4) A waste
tire recycler 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 R315-320-5(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 R315-320-5(2);
(b)
presentation of proof of liability coverage as required by Subsection
R315-320-5(3); and
(c) payment of
the fee as established by the Annual Appropriations Act.
(6) A waste tire recycler registration
certificate is not transferable and shall be issued for a term of one
year.
(7) If a waste tire recycler
is required to be registered by a local government or a local health
department:
(a) the waste tire recycler may
be assessed an annual registration fee by the local government or local health
department according to the following schedule:
(i) if up to 200 tons of waste tires are
recycled per day, the fee shall not exceed $300;
(ii) if 201 to 700 tons of waste tires are
recycled per day, the fee shall not exceed $400; or
(iii) if over 700 tons of waste tires are
recycled per day, the fee shall not exceed $500.
(b) The Director shall issue a
non-transferable registration certificate upon the applicant meeting the
requirements of Subsections R315-320-5(2) and (3) and shall not require the
payment of the fee specified in Subsection R315-320-5(5)(c), if the fee allowed
by Subsection R315-320-5(7)(a) is paid.
(c) The registration certificate shall be
valid for one year.
(8)
Waste tire recyclers must meet the requirements of Rule R315-314 for waste
tires stored in piles.
(9)
Revocation of Registration.
(a) The
registration of a waste tire recycler may be revoked upon the Director finding
that:
(i) the activities of the waste tire
recycler that are regulated under Section R315-320-5 have been or are being
conducted in a way that endangers human health or the environment;
(ii) the waste tire recycler has made a
material misstatement of fact in applying for or obtaining a registration as a
waste tire recycler;
(iii) the
waste tire recycler has made a material misstatement of fact in applying for
partial reimbursement under Section
19-6-813;
(iv) the waste tire recycler has violated any
provision of the Waste Tire Recycling Act, Title 19 Chapter 6, or any order,
approval, or rule issued or adopted under the Act;
(v) the waste tire recycler has failed to
meet or no longer meets the requirements of Subsection R315-320-5(1);
(vi) the waste tire recycler has been
convicted under Subsection
19-6-822;
or
(vii) the waste tire recycler
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 R315-320-5(9)(a), the statements, action, or failure to
act of a waste tire recycler shall include the statements, actions, or failure
to act of any officer, director, agent, or employee of the waste tire
recycler.
(d) The administrative
procedures set forth in Rule R315-12 shall govern revocation of
registration.