19-6-809. Partial reimbursement.
(1) A recycler may submit an application under Sectionto the local health department having jurisdiction over the applicant's business address for partial reimbursement for the cost of transporting and processing a waste tire or a material derived from a waste tire that: 19-6-813 meets the requirements of Subsectionsand; and (3) (4) is used within the state for: energy recovery or production; the creation of an ultimate product; the production of crumb rubber, if a contract exists for the sale of the crumb rubber for use, either within or outside the state, as a component in an ultimate product; the production of a chipped tire, if: the chipped tire is beneficially used, either within or outside the state; and a contract exists for the sale of the chipped tire; or a use defined in rule as recycling. A recycler is not eligible to receive partial reimbursement for transportation or processing costs related to the creation of an ultimate product if: the recycler used crumb rubber as a component of the ultimate product; and the recycler, or another recycler, previously received under this section partial reimbursement for transportation or processing costs related to the production of the crumb rubber. A recycler who qualifies under this section for partial reimbursement may waive the reimbursement and request in writing that the reimbursement be paid to a person who: delivers a waste tire or material derived from a waste tire to the recycler; or processes the waste tire before the recycler receives the waste tire or a material derived from the waste tire for recycling. A recycler is not eligible to receive partial reimbursement for transportation or processing costs for baling: whole waste tires; or materials derived from waste tires that are larger than shredded waste tires.
(2) Subject to the limitations in Section, a recycler is entitled to: 19-6-816 $65 as partial reimbursement for each ton of waste tires or material derived from waste tires converted to crumb rubber, if a contract exists for the sale of the crumb rubber for use as a component in an ultimate product; $50 as partial reimbursement for each ton of waste tires or material derived from waste tires recycled, other than as crumb rubber; and $20 as partial reimbursement for each ton of chipped tires used for a beneficial use.
(3) A recycler is eligible for a partial reimbursement if the recycler establishes, in cooperation with a tire retailer or transporter, or both, a reasonable schedule to remove waste tires in sufficient quantities to allow for economic transportation of waste tires located in a municipality, as defined in Section, within the state. 10-1-104 A recycler who is eligible for partial reimbursement under Subsectionmay also receive partial reimbursement for recycling a tire received from a location within the state other than those associated with a retail tire business, including a waste tire from a waste tire pile or an abandoned waste tire pile, as provided by Section. (3)(a) 19-6-810
(4) A recycler who applies for partial reimbursement under Subsectionshall demonstrate to the local health department identified in Subsectionthat: (1) (1)(a) the waste tire or material derived from a waste tire that qualifies for the reimbursement was: removed and transported by a registered waste tire transporter, a recycler, or a tire retailer; or generated by a private person who: is not a waste tire transporter as defined in Section; and 19-6-803 brings the waste tire to the recycler; and generated in the state; and if the tire is from a waste tire pile or abandoned waste tire pile, the recycler complied with the requirements of Section. 19-6-810