Utah Admin. Code 315-320-2

Current through Bulletin No. 2024-21, November 1, 2024

Section R315-320-2 - Definitions

Terms used in Rule R315-320 are defined in Sections R315-301-2 and 19-6-803. In addition, for Rule R315-320, the following definitions apply:

(1) "Abandoned waste tire pile" means a waste tire pile that the local department of health has not been able to:

(a) locate the persons responsible for the tire pile; or

(b) cause the persons responsible for the tire pile to remove the tire pile.

(2) "Beneficial use" means the use of chipped tires in a manner that is not recycling, storage, or disposal, but that serves as a replacement for another product or material for specific purposes.

(a) "Beneficial use" includes the use of chipped tires:

(i) as daily landfill cover;

(ii) for civil engineering purposes;

(iii) as low density, light weight aggregate fill; or

(iv) for septic or drain field construction.

(b) "Beneficial use" does not include the use of waste tires for material derived from waste tires:

(i) in the construction of fences; or

(ii) as fill, other than low density, light weight aggregate fill.

(3) "Chip" or "chipped tire" means a two-inch square or smaller piece of a waste tire.

(4) "Demonstrated market" or "market" means the legal transfer of ownership of material derived from waste tires between a willing seller and a willing buyer meeting the following conditions:

(a) total control of the material derived from waste tires is transferred from the seller to the buyer;

(b) the transfer of ownership and control is an "arms length transaction" between a seller and a buyer who have no other business relationship or responsibility to each other;

(c) the transaction is done under contract that is documented and verified by orders, invoices, and payments; and

(d) the transaction is at a price dictated by current economic conditions.

(e) the possibility or potential of sale does not constitute a demonstrated market.

(5) "Shredded waste tires" means waste tires or material derived from waste tires that has been reduced to a six-inch square or smaller.

(6) "Waste tire" means:

(a) a tire that is no longer suitable for the tire's original intended purpose because of wear, damage, or defect; or

(b) a tire that a tire retailer removes from a vehicle for replacement with a new or used tire.

(7) "Waste tire generator" means a person, an individual, or an entity that may cause waste tires to enter the waste stream. A waste tire generator may include:

(a) a tire dealer, a car dealer, a trucking company, an owner or operator of an auto salvage yard, or other person, individual, or entity that removes or replaces tires on a vehicle; or

(b) a tire dealer, a car dealer, a trucking company, an owner or operator of an auto salvage yard, a waste tire transporter, a waste tire recycler, a waste tire processor, a waste tire storage facility, or a disposal facility that receives waste tires from a person, an individual, or an entity.

(8) "Waste tire pile" means a pile of 200 or more waste tires at one location.

Utah Admin. Code R315-320-2

Amended by Utah State Bulletin Number 2024-09, effective 4/15/2024