(1)  The department shall:

(a)  review and evaluate an application submitted under Section 19-13-104; and

(b)  determine whether the municipality or county is eligible for designation as a recycling market development zone.

(2)  In designating recycling market development zones, the department shall consider:

(a)  whether the current waste management practices and conditions of the county or municipality are favorable to the development of postconsumer waste material markets;

(b)  whether the creation of the zone is necessary to assist in attracting private sector recycling investments to the area; and

(c)  the amount of available landfill capacity to serve the zone.

Renumbered and Amended by Chapter 360, 2020 General Session