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.