reglab/statecodes huggingface dataset:
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 5 - Solid Waste Management Act › Section 505 - Long-term agreements for joint action -- Construction, acquisition, or sale of interest in management facilities -- Issuance of bonds.

19-6-505.
Long-term agreements for joint action -- Construction, acquisition, or sale of interest in management facilities -- Issuance of bonds.
(1)
(a) Two or more public entities, which for the purposes of this section shall only include any political subdivision of the state, the state and its agencies, and the United States and its agencies, may enter into long-term agreements with one another pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, and any one or more public entities may enter into long-term agreements with any private entity or entities for joint or cooperative action related to the acquisition, construction, ownership, operation, maintenance, and improvement of solid waste management facilities, regardless of whether the facilities are owned or leased by a public entity or entities, private entity or entities, or combination of them and pursuant to which solid waste of one or more public entities, any private entity or entities, or combination of them, are made available for solid waste management pursuant to the terms, conditions, and consideration provided in the agreement.
(b) Any payments made by a public entity for services received under the agreement are not an indebtedness of the public entity within the meaning of any constitutional or statutory restriction, and no election is necessary for the authorization of the agreement.
(c) Any public entity or any public entity in combination with a private entity agreeing to make solid waste management facilities available may, in the agreement, agree to make available to other public entities a specified portion of the capacity of the solid waste management facilities, without regard to its future need of the specified capacity for its own use and may in the agreement agree to increase the capacity of its solid waste management facilities from time to time, as necessary, in order to take care of its own needs and to perform its obligations to the other parties to the agreement.
(2)
(a) Two or more public entities or any one or more public entities together with any private entity or entities may construct or otherwise acquire joint interests in solid waste management facilities, or any part of them, for their common use, or may sell to any other public or private entity or entities a partial interest or interests in its solid waste management facility.
(b) Any public entity otherwise qualifying under Title 11, Chapter 14, Local Government Bonding Act or Title 11, Chapter 17, Utah Industrial Facilities and Development Act may issue its bonds pursuant to these acts for the purpose of acquiring a joint interest in solid waste management facilities, or any part thereof, whether the joint interest is to be acquired through construction of new facilities or the purchase of an interest in existing facilities.
Amended by Chapter 105, 2005 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 5 - Solid Waste Management Act › Section 506 - Schedule of fees -- Classification of property -- Collection of delinquent fees.

19-6-506.
Schedule of fees -- Classification of property -- Collection of delinquent fees.
(1)
(a) The governing body of any public entity may by ordinance or resolution establish a schedule of fees to be imposed and assessed on property within its jurisdiction the revenue from which shall be used for solid waste purposes.
(b) In establishing a schedule of fees, the governing body shall classify the property within its jurisdiction based upon the character and volume of waste occurring from the various property uses subject to this part.
(c) If the governing body makes solid waste facilities available to a public entity as provided in Section 19-6-505, it shall charge a fee to that public entity, calculated in the same way as fees assessed on property within the jurisdiction of the governing body.
(2)
(a) The governing body may impose, assess, and collect a reasonable fee for each classification of property established and divide the property within its jurisdiction according to the classifications.
(b) It may also establish classifications of property for which services may be provided for no fee or a reduced fee and determine the eligibility requirements for inclusion in the classifications upon application by property owners on a case-by-case basis.
(c) The governing body shall impose and assess the appropriate fee established for each classification and division of property by ordinance or resolution, and provide therein for the billing and collection of the fees on an annual or more frequent basis as it shall determine to be necessary or appropriate.
(d) The ordinance or resolution may provide that the fees imposed and assessed may be billed and collected by the county treasurer as a part of the regular, ad valorem property tax notice, billing, and collection system of the county, if it is feasible to do so, unless the public entity imposing and assessing the fees has an existing service or utility billing and collection system which can be used for this purpose.
(3) County treasurers may include the fees certified to them pursuant to this part on the general, ad valorem tax notice and collect and remit the fees in the manner and as a part of the tax collection system including the collection of delinquent fees in the manner provided by law for tax delinquencies.
(4) Any governing body which uses the general property tax billing and collection system of a county to bill and collect the fees imposed and assessed under this part shall reimburse the county for the actual costs thereof annually, which costs include the materials, equipment, and supplies used and the labor involved plus a factor added for overhead and general and administrative expenses.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 5 - Solid Waste Management Act › Section 507 - Flow control for solid waste prohibited -- Exceptions.

19-6-507.
Flow control for solid waste prohibited -- Exceptions.
(1) Except as provided in Subsection (2), a public entity may not require solid waste discarded or rejected within the public entity's jurisdiction to be stored, recovered, or disposed of at a solid waste management facility owned or operated by a public entity.
(2) A public entity may require solid waste discarded or rejected within the public entity's jurisdiction to be stored, recovered, or disposed of at a solid waste management facility owned or operated by a public entity if:
(a) the solid waste is municipal residential waste;
(b) no more than one landfill that may take the solid waste exists within:
(i) the public entity's jurisdiction; and
(ii) 125 miles outside the public entity's jurisdiction, as measured from the landfill's primary entrance by following the shortest route of ordinary travel by motor vehicle; or
(c) the solid waste management facility owned or operated by the public entity receives less than 75 tons of solid waste per day.
(3) A requirement described in Subsection (1) that is:
(a) in effect on January 1, 2008 is void as of January 1, 2013; and
(b) adopted on or after January 2, 2008 and in effect on May 4, 2008 is void as of May 5, 2008.
(4) A person engaged in solid waste management that is aggrieved by a violation of this section may seek judicial review of the violation in a court of competent jurisdiction.
Enacted by Chapter 89, 2008 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 5 - Solid Waste Management Act › Section 509 - Recycling data.

Effective 5/3/2023
19-6-509.
Recycling data.
(1) As used in this section:
(a)
(i) "Municipal solid waste" means nonhazardous solid waste, including garbage, refuse, office waste, or other similar material that results from the operation of residential, municipal, commercial, or institutional establishments or community activities.
(ii) "Municipal solid waste" does not include a plastic or material that is converted or held at an advanced recycling facility, including:
(A) post-use polymers; or
(B) recovered feedstock.
(b) "Recyclable material" means municipal solid waste that is suitable for recycling.
(c) "Recyclable material hauler" means a person, including a political subdivision, who:
(i) for compensation, collects and transports recyclable material; and
(ii) uses the billing and collection system of a political subdivision to bill or collect payment from the recyclable material hauler's customers.
(d) "Recycle" means to take action to recover recyclable materials from the municipal solid waste stream for the purposes of use or reuse, conversion into raw materials, or use in the production of new products.
(2) A recyclable material hauler shall report, in accordance with Subsection (3) and according to the best of the recycler's knowledge, the approximate tonnage of recyclable material collected by the recyclable material hauler that the recyclable material hauler delivered to:
(a) a landfill; and
(b) a recycling facility.
(3)
(a) At least two times each calendar year, a recyclable material hauler shall provide the information described in Subsection (2) to the political subdivision whose billing and collection system the recyclable material hauler uses.
(b) The recyclable material hauler shall provide data under Subsection (3)(a) for the longer of:
(i) the time since the recyclable material hauler last provided the data; or
(ii) six months before the day on which the data is provided.
(4) Within 45 days after the day on which a recyclable material hauler provides data under this section, a political subdivision shall publish the data, as available:
(a) in a newsletter produced by the municipality; and
(b) on a website operated by the municipality.
Amended by Chapter 206, 2023 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 6 - Lead Acid Battery Disposal › Section 601 - Definitions.

Affected by 63I-1-219 on 7/1/2026
Effective 7/1/2015
19-6-601.
Definitions.
As used in this part:
(1) "Board" means the Waste Management and Radiation Control Board appointed under Title 19, Chapter 6, Hazardous Substances.
(2) "Director" means the director of the Division of Waste Management and Radiation Control.
Amended by Chapter 451, 2015 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 6 - Lead Acid Battery Disposal › Section 602 - Lead acid batteries -- Disposal limitations.

Affected by 63I-1-219 on 7/1/2026
19-6-602.
Lead acid batteries -- Disposal limitations.
(1) A person may not place, discard, or otherwise dispose of a lead acid battery in any solid waste treatment, storage, or disposal facility operated by a municipality, county, other political subdivision, or other entity. All lead acid batteries shall be disposed of by delivery to:
(a) a lead acid battery retailer as provided in Section 19-6-603;
(b) a lead acid battery wholesaler;
(c) a collection or recycling facility; or
(d) a secondary lead smelter that meets state and federal permit requirements.
(2)
(a) Lead acid batteries shall be removed from vehicles prior to crushing or shredding.
(b) The removed lead acid batteries shall be disposed of in accordance with this part.
Renumbered and Amended by Chapter 112, 1991 General Session
Enacted by Chapter 122, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 6 - Lead Acid Battery Disposal › Section 603 - Collection for recycling.

Affected by 63I-1-219 on 7/1/2026
19-6-603.
Collection for recycling.
(1) A person selling lead acid batteries at retail shall at the point of sale accept a customer's used lead acid battery and a maximum of one additional used lead acid battery when the customer purchases a new lead acid battery.
(2) A person selling lead acid batteries at wholesale shall at the point of sale accept a customer's used lead acid batteries.
(3)
(a) A person selling lead acid batteries at retail shall post on the premises a clearly legible notice that is at least 8 1/2 inches by 11 inches in size and visible to customers that states: "It is illegal under state law to discard a motor vehicle battery or other lead acid battery. You must recycle your used battery. State law requires us to accept up to two of your used lead acid batteries for recycling when you purchase a new lead acid battery.
"You may take lead acid batteries for recycling to (the retailer shall insert the name and address of at least one facility under Subsection 19-6-602(1)(b), (c), or (d) that is near the retailer)."
(b) A person selling lead acid batteries wholesale shall post on the premises a clearly legible notice that is at least 8 1/2 inches by 11 inches in size and visible to customers that states:
"It is illegal under state law to discard a motor vehicle battery or other lead acid battery. You must recycle your used battery. State law requires us to accept your used lead acid battery for recycling, including when you purchase a new lead acid battery."
(4) Lead acid batteries that a lead acid battery retailer is not required to accept under this section shall be disposed of only at facilities listed under Subsections 19-6-602(1)(b), (c), or (d).
Renumbered and Amended by Chapter 112, 1991 General Session
Enacted by Chapter 122, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 6 - Lead Acid Battery Disposal › Section 604 - Disposal by battery retailer.

Affected by 63I-1-219 on 7/1/2026
19-6-604.
Disposal by battery retailer.
(1) A lead acid battery retailer may not dispose of a used lead acid battery except by delivery to:
(a) a lead acid battery wholesaler;
(b) a lead acid battery manufacturer for delivery to a secondary lead smelter that meets state and federal permit requirements;
(c) a collection or recycling facility; or
(d) a secondary lead smelter that meets state and federal permit requirements.
(2) Removal or disposal of acid or other contents from lead acid batteries shall be done only in accordance with board rules.
(3) A lead acid battery retailer shall ensure removal of lead acid batteries received under Section 19-6-602 or 19-6-603 from the retail collection point.
Renumbered and Amended by Chapter 112, 1991 General Session
Enacted by Chapter 122, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 6 - Lead Acid Battery Disposal › Section 605 - Disposal by battery wholesaler.

Affected by 63I-1-219 on 7/1/2026
19-6-605.
Disposal by battery wholesaler.
(1) A person selling lead acid batteries at wholesale may not dispose of a used lead acid battery except by delivery to:
(a) a battery manufacturer for delivery to a secondary lead smelter that meets the state and federal permit requirements;
(b) a collection or recycling facility; or
(c) a secondary lead smelter that meets the state and federal permit requirements.
(2) The wholesale lead acid battery distributor shall ensure removal of batteries received under Section 19-6-602 or 19-6-604 from the wholesale collection point.
Renumbered and Amended by Chapter 112, 1991 General Session
Enacted by Chapter 122, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 6 - Lead Acid Battery Disposal › Section 606 - Enforcement.

Affected by 63I-1-219 on 7/1/2026
19-6-606.
Enforcement.
(1) The director may authorize inspections under Section 19-6-107 of any place, building, or premise where lead acid batteries are sold to determine compliance with this part. The director may authorize inspections under this subsection only as funding is available within the department's current budget.
(2) Local health departments established under Title 26A, Local Health Authorities, may enforce the provisions of this part.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 6 - Lead Acid Battery Disposal › Section 607 - Penalty.

Affected by 63I-1-219 on 7/1/2026
19-6-607.
Penalty.
(1) A violation of this part is a class B misdemeanor.
(2) Each lead acid battery improperly disposed of or rejected by a lead acid battery wholesaler or retailer in violation of Section 19-6-603, 19-6-604, or 19-6-605 is a separate violation.
Amended by Chapter 79, 1996 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 701 - Short title.

Affected by 63I-1-219 on 7/1/2029
19-6-701.
Short title.
This act is known as the "Used Oil Management Act."
Enacted by Chapter 283, 1993 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 702 - Legislative findings.

Affected by 63I-1-219 on 7/1/2029
19-6-702.
Legislative findings.
(1) The Legislature finds millions of gallons of used oil are generated each year in Utah, and this oil is:
(a) a valuable petroleum resource that can be recycled; and
(b) in spite of the potential for recycling, significant quantities of used oil are wastefully disposed of or improperly used by means that pollute the water, land, and air, and endanger the public health, safety, and welfare.
(2) The Legislature finds used oil should be collected, treated, and reused in a manner that conserves energy and does not present a hazard to public health or the environment.
(3) The Legislature finds in light of the harmful consequences that can result from the improper disposal and use of used oil, and its value as a resource, the collection, recycling, and reuse of used oil is in the public interest.
Enacted by Chapter 283, 1993 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 705 - Powers and duties of the director

Affected by 63I-1-219 on 7/1/2029
19-6-705.
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 registration numbers for DIYer used oil collection centers and used oil collection centers;
(c) after public notice and opportunity for a public hearing:
(i) issue or modify a permit under this part;
(ii) deny a permit when the director finds the application is not complete; and
(iii) revoke a permit issued under this section upon a finding the permit holder has failed to ensure compliance with this part;
(d)
(i) coordinate with federal, state, and local government, and other agencies, including entering into memoranda of understanding, to ensure effective regulation of used oil under this part, minimize duplication of regulation, and encourage responsible recycling of used oil; and
(ii) as the department finds appropriate to the implementation of this part, enter into contracts with local health departments to carry out specified functions under this part and be reimbursed by the department in accordance with the contract;
(e) require forms, analyses, documents, maps, and other records as the director finds necessary to permit and inspect an operation regulated under this part;
(f) establish a toll-free telephone line to provide information to the public regarding management of used oil and locations of used oil collection centers; and
(g) accept, receive, and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purpose of carrying out any of the functions of this part.
(2) The director may:
(a) authorize any employee of the division to enter any facility regulated under this part at reasonable times and upon presentation of credentials for the purpose of inspection, audit, or sampling of the used oil site or facility, records, operations, or product;
(b) direct a person whose activities are regulated under this part to take samples for a stated purpose and cause them to be analyzed at that person's expense; and
(c) enforce board rules by issuing orders.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 707 - Rebuttable presumption regarding used oil mixtures.

Affected by 63I-1-219 on 7/1/2029
19-6-707.
Rebuttable presumption regarding used oil mixtures.
(1)
(a) Used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 CFR 261, Subpart D.
(b) This presumption may be rebutted by demonstrating the used oil does not contain hazardous waste, such as by using the analytical method from SW-846, Edition III, to show the used oil does not contain significant concentrations of halogenated hazardous constituents as listed by board rule.
(2)
(a) The rebuttable presumption under Subsection (1) does not apply to metalworking oils or fluids containing chlorinated paraffins, if they are processed through a tolling agreement to reclaim the metalworking oils or fluids.
(b) The rebuttable presumption under Subsection (1) does apply to metalworking oils or fluids if the oils or fluids are recycled in any other manner or are disposed.
(3)
(a) The rebuttable presumption under Subsection (1) does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units when the CFCs are destined for reclamation.
(b) The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.
Enacted by Chapter 283, 1993 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 709 - Reclamation of site or facility.

Affected by 63I-1-219 on 7/1/2029
19-6-709.
Reclamation of site or facility.
(1) The owner or operator of any of the following operations shall reclaim the site of the operation to a post-operations land use, as approved by the board in coordination with the department, when the operation ceases or the permit is revoked:
(a) DIYer used oil collection center;
(b) used oil collection center;
(c) used oil aggregation point;
(d) used oil transfer facility; or
(e) used oil processing or rerefining facility.
(2) DIYer used oil collection centers, used oil collection centers, and used oil aggregation points are not required to post a reclamation surety under this part, but are subject to the reclamation requirements of this section.
(3) Facilities and sites required to be permitted under this part shall post a reclamation surety in a form and amount required by board rule prior to issuance of a permit.
Enacted by Chapter 283, 1993 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 711 - Application of used oil to the land -- Limitations.

Affected by 63I-1-219 on 7/1/2029
19-6-711.
Application of used oil to the land -- Limitations.
(1) A person may not apply used oil to the land as a dust or weed suppressant or for other similar applications to the land unless the person has obtained:
(a) written authorization as required under this chapter; and
(b) a permit from the director.
(2) The applicant for a permit under this section shall demonstrate:
(a) the used oil is not mixed with any hazardous waste;
(b) the used oil does not exhibit any hazardous characteristic other than ignitability; and
(c) how the applicant will minimize the impact on the environment of the use of used oil as a dust or weed suppressant or for other similar applications to the land.
(3) Prior to acting on the application, the director shall provide public notice of the application and shall provide opportunity for public comment under Section 19-6-712.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 712 - Issuance of permits -- Public comments and hearing.

Affected by 63I-1-219 on 7/1/2029
19-6-712.
Issuance of permits -- Public comments and hearing.
(1) In considering permit applications under this part, the director shall:
(a) ensure the application is complete prior to acting on it;
(b)
(i) publish notice of the permit application and the opportunity for public comment in:
(A) a newspaper of general circulation in the state; and
(B) a newspaper of general circulation in the county where the operation for which the application is submitted is located; and
(ii) as required in Section 45-1-101;
(c) allow the public to submit written comments to the director within 15 days after date of publication;
(d) consider timely submitted public comments and the criteria established in this part and by rule in determining whether to grant the permit; and
(e) send a written copy of the decision to the applicant and to persons submitting timely comments under Subsection (1)(c).
(2) The director's decision under this section may be appealed to the executive director as provided by rule.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 714 - Recycling fee on sale of oil.

Affected by 63I-1-219 on 7/1/2029
19-6-714.
Recycling fee on sale of oil.
(1) On and after October 1, 1993, a recycling fee of $.04 per quart or $.16 per gallon is imposed upon the first sale in Utah by a lubricating oil vendor of lubricating oil. The lubricating oil vendor shall collect the fee at the time the lubricating oil is sold.
(2) A fee under this section may not be collected on sales of lubricating oil:
(a) shipped outside the state;
(b) purchased in five-gallon or smaller containers and used solely in underground mining operations; or
(c) in bulk containers of 55 gallons or more.
(3) This fee is in addition to all other state, county, or municipal fees and taxes imposed on the sale of lubricating oil.
(4) The exemptions from sales and use tax provided in Section 59-12-104 do not apply to this part.
(5) The commission may make rules to implement and enforce the provisions of this section.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 715 - Recycling fee collection procedures.

Affected by 63I-1-219 on 7/1/2029
Effective 5/12/2020
19-6-715.
Recycling fee collection procedures.
(1) A lubricating oil vendor shall pay the fee collected under Section 19-6-714 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 lubricating oil vendor is required to file a sales and use tax return with the commission monthly under Section 59-12-108; or
(ii) the lubricating oil vendor 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 lubricating oil vendor is required to file a sales and use tax return with the commission quarterly under Section 59-12-107.
(2) A lubricating oil vendor may retain a maximum of 2% of the recycling fee it collects under Section 19-6-714 for the costs of collecting the fee.
(3) The payment of the fee to the commission shall be accompanied by a form provided by the commission.
Amended by Chapter 354, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 716 - Fee collection by commission -- Administrative charge.

Affected by 63I-1-219 on 7/1/2029
19-6-716.
Fee collection by commission -- Administrative charge.
(1) The commission shall administer, collect, and enforce the fee authorized under Section 19-6-714 pursuant to the same procedures used in the administration, collection, and enforcement of the sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act, and Title 59, Chapter 1, General Taxation Policies.
(2) 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 19-6-714.
Amended by Chapter 309, 2011 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 717 - Used oil collection incentive payment.

Affected by 63I-1-219 on 7/1/2029
19-6-717.
Used oil collection incentive payment.
(1)
(a) The division shall pay a recycling incentive to registered DIYer used oil collection centers and curbside collection programs approved by the director for each gallon of used oil collected from DIYer used oil generators on and after July 1, 1994, and transported by a permitted used oil transporter to a permitted used oil processor, rerefiner, burner, or to another disposal method authorized by board rule.
(b) Payment of the incentive is subject to Section 19-6-720 regarding priorities.
(2) The board shall by rule establish the amount of the payment, which shall be $.16 per gallon unless the board determines the incentive should be:
(a) reduced to ensure adequate funds to meet priorities set in Section 19-6-720 and to reimburse all qualified operations under this section; or
(b) increased to promote collection of used oil under this part and the funds are available in the account created under Section 19-6-719 after meeting the priorities set in Section 19-6-720.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 718 - Limitations on liability of operator of collection center.

Affected by 63I-1-219 on 7/1/2029
19-6-718.
Limitations on liability of operator of collection center.
(1) Subject to Subsection (2), a person may not recover from the owner, operator, or lessor of a DIYer used oil collection center any costs of response actions at another location resulting from a release or threatened release of used oil collected at the center if the owner, operator, or lessor:
(a) operates the DIYer used oil collection center in compliance with this part and rules made under this part and the director upon inspection finds the center is in compliance with this part and rules made under this part;
(b) does not mix any used oil collected with any hazardous waste or PCBs or with any material that would render the resulting mixture as a hazardous waste;
(c) does not knowingly accept any used oil containing hazardous waste or PCBs;
(d) ensures the used oil is transported from the center by a permitted used oil transporter; and
(e) complies with Section 114(c) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.
(2)
(a) This section applies only to that portion of a used oil collection center used for the collection of DIYer used oil under this part.
(b) This section does not apply to willful or grossly negligent activities of the owner, operator, or lessor in operating the DIYer used oil collection center.
(c) This section does not affect or modify in any way the obligations or liability of any person other than the owner, operator, or lessor under any other provisions of state or federal law, including common law, for injury or damage resulting from a release of used oil or hazardous waste.
(d) For the purposes of this section, the owner, operator, or lessor of a DIYer used oil collection center may presume a quantity of not more than five gallons, except under Subsection (2)(e), of used oil accepted from a member of the public is not mixed with a hazardous waste or PCBs if:
(i) the oil is accepted in accordance with the inspection and identification procedures required by board rule; and
(ii) the owner, operator, or lessor operates the DIYer used oil collection center in good faith and in compliance with this part and rules made under this part.
(e) The owner, operator, or lessor of a DIYer used oil collection center may claim the presumption under Subsection (2)(d) for a quantity of more than five gallons but not more than 55 gallons, if the quantity received is:
(i) from a farmer exempted under Subsection 19-6-708(1)(b);
(ii) generated by farming equipment; and
(iii) handled in accordance with all requirements of this section.
(f) This section does not affect or modify the obligations or liability of any owner, operator, or lessor of a DIYer used oil collection center regarding that person's services or functions other than accepting DIYer used oil under this part.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 719 - Used oil collection account.

Affected by 63I-1-219 on 7/1/2029
19-6-719.
Used oil collection account.
There is created in the General Fund a restricted account known as the Used Oil Collection Administration Account. All money received by the state from the recycling fee placed on lubricating oil under this part, all permit fees, all penalties imposed under this part, and all money received as a grant or donation to be used for the administration of this part shall be placed in this account to be appropriated to the division for the management of DIYer used oil under this part subject to the priorities in Section 19-6-720.
Enacted by Chapter 283, 1993 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 720 - Grants and donations -- Support for programs -- Priorities.

Affected by 63I-1-219 on 7/1/2029
19-6-720.
Grants and donations -- Support for programs -- Priorities.
(1) The division may solicit or request and receive gifts, grants, donations, and other assistance from any source. Funds or resources received shall be deposited in the account created in Section 19-6-719 and shall be appropriated to the division for the management of DIYer used oil under this part subject to priorities set in Subsection (2).
(2) Appropriations received by the division shall be expended, as available, for the management of DIYer used oil under this part in the following order of priority:
(a) first, division and board costs of implementation;
(b) second, recycling incentive payments under Section 19-6-717;
(c) third, public education programs;
(d) fourth, awarding grants as funds are available for the establishment of the following, with emphasis on providing used oil collection facilities and programs in rural areas:
(i) used oil collection centers; and
(ii) curbside used oil collection programs, including costs of retrofitting trucks, curbside containers, and other costs of curbside collection programs; and
(e) fifth, provide funding to local health departments for enforcement of the management of DIYer used oil under this part in coordination with the board.
(3) In awarding grants under Subsection (2)(d), the board shall work with governmental entities in areas of the state where used oil collection centers are limited or do not exist, or where public access to the centers is limited, to promote the establishment of DIYer used oil collection centers.
Enacted by Chapter 283, 1993 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 721 - Violations -- Proceedings -- Orders.

Affected by 63I-1-219 on 7/1/2029
19-6-721.
Violations -- Proceedings -- Orders.
(1) A person who violates any provision of this part or any order, permit, rule, or other requirement issued or adopted under this part is subject in a civil proceeding to a penalty of not more than $10,000 per day for each day of violation, in addition to any fine otherwise imposed for violation of this part.
(2)
(a) The director may bring suit in the name of the state to restrain the person from continuing the violation and to require the person to perform necessary remediation.
(b) Suit under Subsection (2)(a) may be brought in any court in the state having jurisdiction in the county of residence of the person charged or in the county where the violation is alleged to have occurred.
(c) The court may grant prohibitory and mandatory injunctions, including temporary restraining orders.
(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) All penalties collected under this section shall be deposited in the account created in Section 19-6-719.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 721.1 - Notice of violations -- Order for correction -- Civil action to enforce.

Affected by 63I-1-219 on 7/1/2029
Effective 5/12/2020
19-6-721.1.
Notice of violations -- Order for correction -- Civil action to enforce.
(1) Whenever the director determines that a person is in violation of an applicable approved used oil operation permit, the requirements of this part, or any of the board's rules, the director may cause written notice of that violation to be served upon the alleged violator. The notice shall specify the provisions of the permit, this part, or rule alleged to have been violated, and the facts alleged to constitute the violation.
(2) The director may:
(a) issue an order requiring that necessary corrective action be taken within a reasonable time; or
(b) request the attorney general or the county attorney in the county in which the violation is taking place to bring a civil action for injunctive relief and enforcement of this part.
Enacted by Chapter 256, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 722 - Criminal penalties.

Affected by 63I-1-219 on 7/1/2029
19-6-722.
Criminal penalties.
(1) A violation of any applicable provision of this part is a class A misdemeanor, except:
(a) any violation involving hazardous waste is governed by provisions of this chapter that address hazardous waste;
(b) any violation of Section 19-6-714 or 19-6-715 regarding the recycling fee is subject to penalties authorized under Section 19-6-716.
(2) Any person who knowingly conducts any activities identified in Subsection 19-6-113(3) regarding hazardous waste in conjunction with any operations under this part is subject to the enforcement actions and penalties identified in Subsection 19-6-113(4).
(3) All penalties collected under this section shall be deposited in the account created in Section 19-6-719.
Amended by Chapter 271, 1998 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 7 - Used Oil Management Act › Section 723 - Local ordinances regarding used oil.

Affected by 63I-1-219 on 7/1/2029
19-6-723.
Local ordinances regarding used oil.
Any political subdivision of the state may enact and enforce ordinances regarding the management of used oil that are consistent with this part.
Enacted by Chapter 283, 1993 General Session
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 8 - Waste Tire Recycling Act › Section 807 - Waste Tire Recycling Fund.

Affected by 63I-1-219 on 7/1/2030
Effective 5/3/2023
19-6-807.
Waste Tire Recycling Fund.
(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:
(i) a fee imposed under Section 19-6-805; and
(ii) a fee imposed under Section 19-6-806; 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 388, 2023 General Session
2023 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