(1) The general assembly hereby finds and declares that, in order to protect the environment and the public health, there is a special need to address problems created by the disposal of waste tires and the lack of recycling and beneficial use of waste tires. It is the policy of this state to pursue proposals for recycling and other beneficial use of waste tires in lieu of storage or landfill disposal, and, in addition, it is the intent of the general assembly in adopting this part 14 to encourage the development of techniques for resource recovery, recycling, and reuse of waste tires and to provide for the management of waste tires.
By May 31, 2015, the commission shall promulgate rules for the implementation andenforcement of this part 14. Until the commission promulgates rules to implement and enforce this part 14, the commission's rules in effect on July 1, 2014, governing waste tires continue to apply to the extent that they do not conflict with this part 14.
The department shall enforce this part 14 through its enforcement authorities, including those specified in sections 30-20-113 and 30-20-114.
After tires are used for their original intended purpose, they must be used beneficially, recycled, or reused; except that, if authorized by section 30-20-1414 (1)(b), they may be disposed of at a permitted solid waste facility. Because they can be reused, remanufactured, reclaimed, or recycled, waste tires are a recyclable material as defined in section 30-20-101 (4). As recyclable materials, waste tires must be collected, managed, and transported in accordance with the manifest system required by section 30-20-1417 (2) and recycled into tire-derived product, thereby being transformed from a recyclable material into a new product. The department shall consider tires that have been collected under a tire collection program registered pursuant to section 30-20-1411 to have been managed under an approved established tire collection program for purposes of the federal commercial industrial solid waste incinerator rules, 40 CFR part 60 subparts CCCC and DDDD.
Source: L. 2014: Entire part added, (HB 14-1352), ch. 351, p. 1576, § 1, effective July 1.