Environmental Quality, Solid and Hazardous Waste

Section R315-320-2

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 35434
Filed: 11/15/2011 09:06:12 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

To eliminate a definition used in the Waste Tire Transporter and Recycler Requirements.

Summary of the rule or change:

This rule change eliminates the definition of the vehicle identification number. The term is defined in other rules and not needed here.

State statutory or constitutional authorization for this rule:

• Section 19-6-819
• Section 19-6-105

Anticipated cost or savings to:

the state budget:

Because this definition is found elsewhere in rule, removing the duplicate definition creates no costs or savings.

local governments:

Because this definition is found elsewhere in rule, removing the duplicate definition creates no costs or savings.

small businesses:

Because this definition is found elsewhere in rule, removing the duplicate definition creates no costs or savings.

persons other than small businesses, businesses, or local governmental entities:

Because this definition is found elsewhere in rule, removing the duplicate definition creates no costs or savings.

Compliance costs for affected persons:

Because this definition is found elsewhere in rule, removing the duplicate definition creates no costs or savings impact to affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed changes in this rule will have no fiscal impact on businesses.

Amanda Smith, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Solid and Hazardous WasteRoom Second Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3097

Direct questions regarding this rule to:

• Ralph Bohn at the above address, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov
• Tina Mercer at the above address, by phone at 801-536-0259, by FAX at 801-536-0222, or by Internet E-mail at tmmercer@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/03/2012

This rule may become effective on:

01/20/2012

Authorized by:

Scott Anderson, Director

R315. Environmental Quality, Solid and Hazardous Waste.

R315-320. Waste Tire Transporter and Recycler Requirements.

R315-320-2. Definitions.

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

(1) "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 which 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.[

(2) "Vehicle identification number" means the identifying number assigned by the manufacturer or by the Utah Motor Vehicle Division of the Utah Tax Commission for the purpose of identifying the vehicle.]

[(3)](2) "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.

 

KEY: solid waste management, waste disposal

Date of Enactment or Last Substantive Amendment: [February 1, 2007]2012

Notice of Continuation: February 17, 2009

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-819