8-9-402. Definitions.

8-9-402. Definitions. As used in this subchapter: (1) “Beneficial use” means using a tire or part of a tire: (A) To make another product; (B) To make a component material of another product; (C) As a substitute for a commercial product or material; or (D) As a component to produce an alternative fuel for commercial purposes; (2)(A) “Commercial generator” means a person who sells new tires or provides delivery of new tires as part of fleet services to any one (1) or more of the following: (i) A municipality; (ii) A county; (iii) A state agency; (iv) A federal agency; (v) A school district; (vi) A political subdivision of the state; or (vii) A person who in the ordinary course of business buys tires in bulk for use on commercial vehicles. (B) “Commercial generator” does not include a tire retailer; (3) “Electronic uniform used tire manifest system” means an administrative method developed by the Division of Environmental Quality under § 8-9-407 that: (A) Primarily uses an electronic application for the submission and management of information related to the generation, collection, transportation, distribution, and recycling, disposal, or resale of each recyclable tire, waste tire, and used tire culled for resale regulated under this subchapter; (B) Secondarily may allow submission of used tire data that is manifested using an equivalent paper documentation; and (C) Records the origin, date of collection, date of transfer, quantity, type, transporter, and destination for each recyclable tire, waste tire, and used tire culled for resale regulated under this subchapter; (4)(A) “Extra-large tire” means a tire that, due to its size or construction, is more difficult to process for recycling or disposal than a large tire and costs substantially more to process than a large tire. (B) “Extra-large tire” includes without limitation a tire used, capable of being used, or designed to be used on any of the following vehicles or equipment: (i) A skid steer loader; (ii) Excavation equipment; (iii) A farm implement, including without limitation a tractor; (iv) A backhoe; (v) A road grader; (vi) Industrial equipment; (vii) A skidder; or (viii) A heavy duty truck used off-road for mining. (C) “Extra-large tire” includes without limitation a wide-base tire or extra-wide single tire; (5) “Inter-district used tire program” means a program formed by agreement of two (2) or more regional solid waste management boards to pool resources of all regional solid waste management boards that are parties to the agreement for the administration of one (1) consolidated used tire program; (6) “Large tire” means a tire with a load rating of “F” or higher; (7) “Load rating” means the system of trade designations that identifies the weight-carrying capacity range of a tire; (8)(A) “Operator” means a person who performs a function that: (i) Requires individual judgment; and (ii) May directly affect the proper operation at one (1) or more of the following: (a) A tire collection center; (b) A tire processing facility; (c) A tire generator facility; or (d) A waste tire monofill. (B) “Operator” includes a person who performs a function at a waste tire site. (C) “Operator” does not include a person who exclusively exercises general administrative supervision; (9) “Owner” means a person who holds legal title to property where a tire collection center, tire processing facility, tire generator facility, waste tire monofill, waste tire site, or other waste tire facility exists; (10) “Person” means an individual, government entity, or any other entity that is recognized by law with rights and duties; (11) “Qualified entity” means an entity that demonstrates to the division that the entity has the capability, experience, and resources to operate and administer a used tire program in compliance with this subchapter; (12) “Recyclable tire” means a worn, damaged, or defective tire that is recycled because it is no longer repairable, reusable, or suitable for its original intended purpose; (13) “Recycle” means the systematic process of collecting, sorting, decontaminating, and returning waste materials to commerce as commodities for use, other beneficial use, or exchange; (14)(A) “Small tire” means a tire that has a load rating lower than “F”. (B) “Small tire” includes a tire from any of the following vehicles: (i) An automobile; (ii) A motorcycle; or (iii) An all-terrain vehicle; (15)(A) “Tire” means any one (1) or more of the following: (i) A continuous, ring-shaped, removable cover made of solid rubber, pneumatic rubber, or semipneumatic rubber that is installed around a wheel rim; or (ii) Any other round piece of equipment that is attached or could be attached to a vehicle or aircraft and has a primary function of enabling surface mobility. (B) “Tire” does not include a solid wheel rim with an integral rubber covering or a tire used on a nonmotorized bicycle, golf cart, or lawn mower; (16) “Tire collection center” means a site where tires are collected from tire generators, tire transporters, or the public before being recycled or disposed of by a used tire program; (17)(A) “Tire generator” means a person who: (i) Removes tires from rims for disposal or resale; or (ii) Stores used tires on or in property owned, leased, or otherwise controlled by that person. (B) “Tire generator” includes without limitation: (i) A tire retailer; (ii) A tire wholesaler; (iii) A tire transporter; (iv) A tire manufacturer; (v) A manufacturer of retreaded tires; (vi) A new car dealer; (vii) A used car dealer; (viii) An auto repair shop; or (ix) A salvage yard. (C) “Tire generator” does not include a commercial generator; (18) “Tire manufacturer” means a manufacturing operation engaged in the final assembly of the basic components of a tire; (19) “Tire processing facility” means a site where equipment is used to cut, chip, grind, or otherwise alter used tires; (20)(A) “Tire retailer” means any one (1) or more of the following: (i) A person who is in the business of selling new tires, used tires, or both new tires and used tires to the end consumer; or (ii) A person who is in the business of or receives compensation for removing tires from rims. (B) “Tire retailer” does not include a person who sells tires to another person exclusively for the purpose of resale if the subsequent retail sale is subject to the fee imposed under § 8-9-404 or a commercial generator; (21) “Tire transporter” means a person who is in the business of or receives compensation for transferring used tires from one (1) location to another location for collection, storage, processing, recycling, disposal, reuse, or resale; (22)(A) “Used tire” means a tire that meets one (1) or more of the following criteria: (i) Is repairable or retreadable for its original intended purpose; (ii) Is reusable; (iii) Is recyclable; or (iv) Has been collected by a tire retailer or at a tire collection center operated under this subchapter. (B) “Used tire” includes without limitation a recyclable tire, waste tire, and used tire culled for resale. (C) “Used tire” does not include a tire being held for ninety (90) days or less for the purpose of retreading or repairing the tire; (23) “Used tire culled for resale” means a tire that is removed from the rim but is diverted from a tire collection center, tire processing facility, or tire transporter with the intention of selling for reuse; (24) “Used tire program” means a program that receives funding under this subchapter and is operated by: (A) A regional solid waste management board; or (B) An inter-district used tire program; (25) “Vehicle” means any piece of equipment that uses wheels for surface mobility; (26) “Waste tire” means a worn, damaged, or defective tire that is land disposed because it is no longer repairable, reusable, or suitable for its original intended purpose; (27)(A) “Waste tire site” means a location where unpermitted used tires are accumulated, whether loosely stored, compacted and baled, or a combination of both loosely stored and compacted and baled. (B) “Waste tire site” does not include: (i) A location where only new tires are stored; or (ii) A location that is authorized to store tires by the division or rules promulgated by the Arkansas Pollution Control and Ecology Commission; (28) “Waste tires originating from a tire manufacturer” means those new tires that originate from a tire assembly process and are determined by the tire manufacturer to be either defective or unfit for use on a vehicle; and (29) “Wide-base tire” or “extra-wide single tire” means a tire approximately four hundred fifty-five millimeters (455 mm) wide that is used on a vehicle in which the front axle load exceeds the load capacity of a truck tire.