R315-320-5. Waste Tire Recycler Requirements

  (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 Section R305-7 shall govern revocation of registration.