reglab/housing_qa huggingface dataset:
UT Code § 19-6-801 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 801 - Title.

 Affected by 63I-1-219 on 7/1/2030 19-6-801. Title.  This part is known as the "Waste Tire Recycling Act."  Renumbered and Amended by Chapter 51, 2000 General Session
UT Code § 19-6-802 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 802 - Legislative findings.

 Affected by 63I-1-219 on 7/1/2030 19-6-802. Legislative findings.    (1) The Legislature finds that the disposal of waste tires is a matter of statewide concern and that recycling of waste tires should be promoted in light of the health and environmental benefits.     (2) The Legislature further finds that the recycling of waste tires will decrease the number of tires which are disposed of in landfills and will reduce the health and safety hazards posed by existing stockpiles of waste tires.     (3) It is the intent of the Legislature in adopting this part to encourage the development of the recycling industry and the development of markets for recycled products.    Renumbered and Amended by Chapter 51, 2000 General Session
UT Code § 19-6-804 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 804 - Restrictions on disposal and transfer of tires -- Penalties.

 Affected by 63I-1-219 on 7/1/2030  Effective 5/12/2020  19-6-804. Restrictions on disposal and transfer of tires -- Penalties.    (1)   (a) An individual, including a waste tire transporter, may not transfer for temporary storage more than 12 whole tires at one time to a landfill or other location in the state authorized by the director to receive waste tires, except for purposes authorized by board rule.     (b) Tires are exempt from this Subsection (1) if the original tire has a rim diameter greater than 24.5 inches.     (c) A person, including a waste tire transporter, may not dispose of waste tires or store waste tires in any manner not allowed under this part or rules made under this part.       (2) The operator of the landfill or other authorized location shall direct that the waste tires be stored in a designated area to facilitate retrieval if a market becomes available for the disposed waste tires or material derived from waste tires.     (3) An individual, including a waste tire transporter, may dispose of shredded waste tires in a landfill in accordance with Section 19-6-812, and may also, without reimbursement, dispose in a landfill materials derived from waste tires that do not qualify for reimbursement under Section 19-6-812, but the landfill shall dispose of the material in accordance with Section 19-6-812.     (4) A tire retailer may only transfer ownership of a waste tire described in Subsection 19-6-803(28)(b) to:   (a) a person who purchases it for the person's own use and not for resale; or     (b) a waste tire transporter that:   (i) is registered in accordance with Section 19-6-806; and     (ii) agrees to transport the tire to:   (A) a tire retailer that sells the tire wholesale or retail; or     (B) a recycler.           (5)   (a) An individual, including a waste tire transporter, violating this section is subject to enforcement proceedings and a civil penalty of not more than $100 per waste tire or per passenger tire equivalent disposed of in violation of this section. A warning notice may be issued before taking further enforcement action under this Subsection (5).     (b) A civil proceeding to enforce this section and collect penalties under this section may be brought in the district court where the violation occurred by the director, the local health department, or the county attorney having jurisdiction over the location where the tires were disposed in violation of this section.     (c) Penalties collected under this section shall be deposited in the fund.      Amended by Chapter 27, 2020 General Session
UT Code § 19-6-805 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 805 - Recycling fee.

 Affected by 63I-1-219 on 7/1/2030 19-6-805. Recycling fee.    (1)   (a) A recycling fee is imposed upon each purchase from a tire retailer of a new tire by a consumer. The fee shall be paid by the consumer to the tire retailer at the time the new tire is purchased.     (b) The recycling fee does not apply to recapped or resold used tires.       (2) The fee for each tire with a rim diameter up to and including 24.5 inches, single or dual bead capacity is $1.    Amended by Chapter 165, 2001 General Session
UT Code § 19-6-807 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 807 - Special revenue fund -- Creation -- Deposits.

 Affected by 63I-1-219 on 7/1/2030  Effective 6/29/2020  19-6-807. Special revenue fund -- Creation -- Deposits.    (1) There is created an expendable special revenue fund entitled the "Waste Tire Recycling Fund."     (2) The fund shall consist of:   (a) the proceeds of the fee imposed under Section 19-6-805; and     (b) penalties collected under this part.       (3) Money in the fund shall be used for:   (a) partial reimbursement of the costs of transporting, processing, recycling, or disposing of waste tires as provided in this part; and     (b) payment of administrative costs of local health departments as provided in Section 19-6-817.       (4) The Legislature may appropriate money from the fund to pay for:   (a) the costs of the Department of Environmental Quality in administering and enforcing this part; and     (b) other operational costs of the Department of Environmental Quality, if the Legislature estimates there is a deficit in the Department of Environmental Quality's budget for the current or next fiscal year.      Amended by Chapter 20, 2020 Special Session 5
UT Code § 19-6-808 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 808 - Payment of recycling fee -- Administrative charge.

 Affected by 63I-1-219 on 7/1/2030  Effective 5/12/2020  19-6-808. Payment of recycling fee -- Administrative charge.    (1) A tire retailer shall pay the recycling fee to the commission:   (a) monthly on or before the last day of the month immediately following the last day of the previous month if:   (i) the tire retailer is required to file a sales and use tax return with the commission monthly under Section 59-12-108; or     (ii) the tire retailer is not required to file a sales and use tax return under Title 59, Chapter 12, Sales and Use Tax Act; or       (b) quarterly on or before the last day of the month immediately following the last day of the previous quarter if the tire retailer is required to file a sales and use tax return with the commission quarterly under Section 59-12-107.       (2) The payment shall be accompanied by a form prescribed by the commission.     (3)   (a) The proceeds of the fee shall be transferred by the commission to the fund for payment of partial reimbursement.     (b) The commission shall retain and deposit an administrative charge in accordance with Section 59-1-306 from the revenues the commission collects from a fee under Section 19-6-805.       (4)   (a) The commission shall administer, collect, and enforce the fee authorized under this part in accordance with the same procedures used in the administration, collection, and enforcement of the state sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act, and Title 59, Chapter 1, General Taxation Policies.     (b) A tire retailer may retain 2-1/2% of the recycling fee collected under this part for the cost of collecting the fee.     (c) The exemptions provided in Section 59-12-104 do not apply to this part.       (5) The fee imposed by this part is in addition to all other state, county, or municipal fees and taxes imposed on the sale of new tires.    Amended by Chapter 354, 2020 General Session
UT Code § 19-6-810 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 810 - Recycling waste tires from abandoned waste tire piles and other waste tire piles.

 Affected by 63I-1-219 on 7/1/2030 19-6-810. Recycling waste tires from abandoned waste tire piles and other waste tire piles.    (1) A recycler may be reimbursed for recycling or beneficial use of waste tires from an abandoned waste tire pile within the state if:   (a) prior to recycling or the beneficial use of any of the waste tires, the recycler receives an affidavit from the local health department of the jurisdiction where the waste tire pile is located, stating:   (i) the waste tire pile is abandoned; and     (ii) the local health department has not been able to:   (A) locate the persons responsible for the waste tire pile; or     (B) cause the persons responsible for the waste tire pile to remove it;         (b) the waste tire transporter who transports the waste tires to the recycler:   (i) is registered;     (ii) has received from the local health department an affidavit stating it has authorized the transporter to remove the waste tires and deliver them to a recycler; and     (iii) provides a copy of the affidavit to the recycler; and       (c) the recycler provides to the local health department:   (i) proof of compliance with this Subsection (1) in the required form; and     (ii) the information required under Section 19-6-809.         (2) A recycler may receive partial reimbursement for recycling or the beneficial use of waste tires from waste tire piles within the state that are not abandoned if:   (a) prior to recycling or the beneficial use of any of the waste tires, the recycler receives an affidavit from the local health department of the jurisdiction where the waste tire pile is located, stating the waste tire pile is not abandoned;     (b) the recycler obtains an affidavit from the owner of the waste tire pile or the owner's authorized designee stating:   (i) the waste tires are from a pile to which no tires have been added after June 30, 1991; or     (ii) if the waste tires are from a waste tire pile to which waste tires have been added after June 30, 1991, all the waste tires provided to the recycler were generated within the state;       (c) the waste tires are transported to the recycler by a registered waste tire transporter, who provides a manifest to the recycler; and     (d) the recycler provides to the local health department:   (i) proof of compliance with this Subsection (2) in the required form; and     (ii) the information required under Section 19-6-809.        Amended by Chapter 165, 2001 General Session
UT Code § 19-6-812 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 812 - Landfilling shredded tires -- Reimbursement.

 Affected by 63I-1-219 on 7/1/2030 19-6-812. Landfilling shredded tires -- Reimbursement.    (1) A waste tire may be disposed of in a landfill if:   (a) the land fill is operated in compliance with the requirements of Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act;     (b) the waste tire is shredded; and     (c) the waste tire is stored in a segregated cell or other landfill facility that ensures that the disposed shredded waste tire is in a clean and accessible condition so that the waste tire may be reasonably retrieved and recycled at a future time.       (2) The owner or operator of a landfill may apply to the local health department having jurisdiction over the applicant's business address for reimbursement of $20 per ton of waste tires placed in the landfill if:   (a) the waste tires are disposed in compliance with Subsection (1);     (b) the waste tires are generated from within the state; and     (c) the application includes:   (i) the site from which the waste tires are removed;     (ii) the landfill where the waste tires are disposed; and     (iii) the amount of shredded tires disposed.         (3) An application for reimbursement under this section is substantially the same as the application process required of recyclers applying for partial reimbursement under Section 19-6-813.     (4) A waste tire, for which reimbursement is paid under this section, is not eligible for additional reimbursement under this part.    Amended by Chapter 66, 2008 General Session
UT Code § 19-6-813 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 813 - Application for partial reimbursement -- Penalty.

 Affected by 63I-1-219 on 7/1/2030 19-6-813. Application for partial reimbursement -- Penalty.    (1) An application for partial reimbursement shall be in the format prescribed by the local health department and shall include:   (a) the recycler's name and a brief description of the recycler's business;     (b) the quantity, in tons, of waste tires recycled or used in a beneficial use;     (c) originals or copies of log books, receipts, bills of lading, or other similar documents to establish the tonnage of waste tires recycled or used in a beneficial use;     (d) a description of how the waste tires were recycled;     (e) proof that is satisfactory to the local health department that the waste tires were recycled or used in a beneficial use; and     (f) the affidavit of the recycler warranting that the recycled waste tires or waste tires used for a beneficial use for which reimbursement is sought meet the requirements of Subsection 19-6-809(4).       (2) In addition to any other penalty imposed under Section 19-6-821 or 19-6-822 or by any other law, any person who knowingly or intentionally provides false information to the local health department under Subsection (1):   (a) is ineligible to receive any further reimbursement under this part; and     (b) shall return to the Division of Finance any reimbursement previously received for deposit in the fund.      Amended by Chapter 256, 2002 General Session
UT Code § 19-6-814 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 814 - Local health department responsibility.

 Affected by 63I-1-219 on 7/1/2030 19-6-814. Local health department responsibility.    (1) A local health department that has received an application for partial reimbursement from a recycler shall within 15 calendar days after receiving the application:   (a) review the application for completeness;     (b) conduct an on-site investigation of the recycler's waste tire use if the application is the initial application of the recycler; and     (c) submit the recycler's application for partial reimbursement together with a brief written report of the results of the investigation and the dollar amount approved for payment to the Division of Finance.       (2) If the local health department approves a dollar amount for partial reimbursement which is less than the amount requested by the recycler, the local health department shall submit its written report of the investigation and recommendation to the recycler at least five days prior to submitting the report and recommendation to the Division of Finance.    Amended by Chapter 297, 2011 General Session
UT Code § 19-6-815 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 815 - Payment by Division of Finance.

 Affected by 63I-1-219 on 7/1/2030 19-6-815. Payment by Division of Finance.    (1) The Division of Finance is authorized to pay the recycler partial reimbursements described in Section 19-6-809 from the fund.     (2) The Division of Finance shall pay the dollar amount of partial reimbursement approved by the local health department to the recycler within the next payment period established by rule of the Division of Finance, after receipt of the local health department's report and recommendation.    Amended by Chapter 256, 2002 General Session
UT Code § 19-6-816 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 816 - Limitations on reimbursement.

 Affected by 63I-1-219 on 7/1/2030 19-6-816. Limitations on reimbursement.    (1) The costs reimbursed under this part may not exceed the money in the fund.     (2) If applications for reimbursement under Section 19-6-809, 19-6-811, or 19-6-812 during any month exceed the money in the fund, the Division of Finance shall prorate the amount of all claims for reimbursement for the month and defer payment of the remainder.     (3) The amount remaining unpaid on a claim for reimbursement shall be treated as a new application for reimbursement in the next succeeding month until the unpaid amount is $500 or less, at which time the balance of the claim shall be paid in full.    Amended by Chapter 256, 2002 General Session
UT Code § 19-6-817 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 817 - Administrative fees to local health departments -- Reporting by local health departments.

 Affected by 63I-1-219 on 7/1/2030 19-6-817. Administrative fees to local health departments -- Reporting by local health departments.    (1)   (a) The Division of Finance shall pay quarterly to the local health departments from the fund $5 per ton of tires for which a partial reimbursement is made under this part.     (b) The payment under Subsection (1)(a) shall be allocated among the local health departments in accordance with recommendations of the Utah Association of Local Health Officers.     (c) The recommendation shall be based on the efforts expended and the costs incurred by the local health departments in enforcing this part and rules made under this part.       (2)   (a) Each local health department shall track all waste tires removed from abandoned waste tire piles within its jurisdiction, to determine the amount of waste tires removed and the recycler to which they are transported.     (b) The local health department shall report this information quarterly to the director.      Amended by Chapter 360, 2012 General Session
UT Code § 19-6-818 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 818 - Local health department rules.

 Affected by 63I-1-219 on 7/1/2030 19-6-818. Local health department rules.    (1) In accordance with Section 26A-1-121, the local health department shall make regulations to:   (a) develop an application form; and     (b) establish the procedure to apply for reimbursement.       (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules to implement this part.     (3) The local health departments shall take into consideration the removal schedule of tire transporters or recyclers in a geographical area when making regulations governing the storage of waste tires at any business that generates waste tires, pending removal of those waste tires for recycling.    Amended by Chapter 382, 2008 General Session
UT Code § 19-6-820 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 820 - Powers and duties of the director.

 Affected by 63I-1-219 on 7/1/2030 19-6-820. Powers and duties of the director.    (1) The director shall:   (a) administer and enforce the rules and orders of the board;     (b) issue and revoke registrations for waste tire recyclers and transporters; and     (c) require forms, analyses, documents, maps, and other records as the director finds necessary to:   (i) issue recycler and transporter registrations;     (ii) authorize reimbursements under Section 19-6-811;     (iii) inspect a site, facility, or activity regulated under this part; and     (iv) issue permits for and inspect waste tire storage sites.         (2) The director may:   (a) authorize any division employee to enter any site or facility regulated under this part at reasonable times and upon presentation of credentials, for the purpose of inspection, audit, or sampling:   (i) at the site or facility; or     (ii) of the records, operations, or products;       (b) as authorized by the board, enforce board rules by issuing orders which are subsequently subject to the board's amendment or revocation; and     (c) coordinate with federal, state, and local governments, and other agencies, including entering into memoranda of understanding, to:   (i) ensure effective regulation of waste tires under this part;     (ii) minimize duplication of regulation; and     (iii) encourage responsible recycling of waste tires.        Amended by Chapter 360, 2012 General Session
UT Code § 19-6-821 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 821 - Violations -- Civil proceedings and penalties -- Orders.

 Affected by 63I-1-219 on 7/1/2030 19-6-821. Violations -- Civil proceedings and penalties -- Orders.    (1) A person who violates any provision of this part or any order, permit, plan approval, or rule issued or adopted under this part is subject to a civil penalty of not more than $10,000 per day for each day of violation as determined in a civil hearing under Title 63G, Chapter 4, Administrative Procedures Act, except:   (a) any violation of Subsection 19-6-804(1), (3), or (4) is subject to the penalty under Subsection 19-6-804(5) rather than the penalties under this section; and     (b) any violation of Subsection 19-6-808(1), (2), or (3) regarding payment of the recycling fee by the tire retailer is subject to penalties as provided in Subsection 19-6-808(4) rather than the penalties under this section.       (2) The director may bring an action in the name of the state to restrain a person from continuing a violation of this part and to require the person to perform necessary remediation regarding a violation of this part.     (3) When the director finds a situation exists in violation of this part that presents an immediate threat to the public health or welfare, the director may issue an emergency order under Title 63G, Chapter 4, Administrative Procedures Act.     (4) The director may revoke the registration of a waste tire recycler or transporter who violates any provision of this part or any order, plan approval, permit, or rule issued or adopted under this part.     (5) The director may revoke the tire storage permit for a storage facility that is in violation of any provision of this part or any order, plan approval, permit, or rule issued or adopted under this part.     (6) If a person has been convicted of violating a provision of this part prior to a finding by the director of a violation of the same provision in an administrative hearing, the director may not assess a civil monetary penalty under this section for the same offense for which the conviction was obtained.     (7) All penalties collected under this section shall be deposited in the fund.    Amended by Chapter 263, 2012 General SessionAmended by Chapter 360, 2012 General Session
UT Code § 19-6-822 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 8 - Waste Tire Recycling Act|Section 822 - Criminal penalties.

 Affected by 63I-1-219 on 7/1/2030  Effective 5/5/2021  19-6-822. Criminal penalties.  A person is guilty of a third degree felony if the person knowingly or intentionally provides or submits false information under the following provisions:  (1) Subsection 19-6-809(1)(a);     (2) Subsection 19-6-809(1)(c);     (3) Subsection 19-6-809(4);     (4) Subsection 19-6-810(1)(c);     (5) Subsection 19-6-810(2)(d);     (6) Subsection 19-6-811(3)(b);     (7) Subsection 19-6-811(6);     (8) Subsection 19-6-811(7);     (9) Subsection 19-6-812(2); or     (10) Subsection 19-6-813(1).    Amended by Chapter 149, 2021 General Session