Subject to the powers and rules of the department and except as provided by Section 19-6-507, a governing body of a public entity may:
Terms Used In Utah Code 19-6-503
Contract: A legal written agreement that becomes binding when signed.
Governing body: means the governing board, commission, or council of a public entity. See Utah Code 19-6-502
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Jurisdiction: means the area within the incorporated limits of:
(a)
a municipality;
(b)
a special service district;
(c)
a municipal-type service district;
(d)
a service area; or
(e)
the territorial area of a county not lying within a municipality. See Utah Code 19-6-502
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Long-term agreement: means an agreement or contract having a term of more than five years but less than 50 years. See Utah Code 19-6-502
Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
Solid waste: means a putrescible or nonputrescible material or substance discarded or rejected as being spent, useless, worthless, or in excess of the owner's needs at the time of discard or rejection, including:
Solid waste management: means the purposeful and systematic collection, transportation, storage, processing, recovery, or disposal of solid waste. See Utah Code 19-6-502
Solid waste management facility: means a facility employed for solid waste management, including:
(i)
a transfer station;
(ii)
a transport system;
(iii)
a baling facility;
(iv)
a landfill; and
(v)
a processing system, including:
(A)
a resource recovery facility;
(B)
a facility for reducing solid waste volume;
(C)
a plant or facility for compacting, or composting, of solid waste;
(D)
an incinerator;
(E)
a solid waste disposal, reduction, pyrolization, or conversion facility;
(F)
a facility for resource recovery of energy consisting of:
(I)
a facility for the production, transmission, distribution, and sale of heat and steam;
(II)
a facility for the generation and sale of electric energy to a public utility, municipality, or other public entity that owns and operates an electric power system on March 15, 1982; and
(III)
a facility for the generation, sale, and transmission of electric energy on an emergency basis only to a military installation of the United States; and
(G)
an auxiliary energy facility that is connected to a facility for resource recovery of energy as described in Subsection (23)(a)(v)(F), that:
(I)
is fueled by natural gas, landfill gas, or both;
(II)
consists of a facility for the production, transmission, distribution, and sale of supplemental heat and steam to meet all or a portion of the heat and steam requirements of a military installation of the United States; and
(III)
consists of a facility for the generation, transmission, distribution, and sale of electric energy to a public utility, a municipality described in Subsection (23)(a)(v)(F)(II), or a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 19-6-502
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
supervise and regulate the collection, transportation, and disposition of solid waste generated within its jurisdiction;
(b)
provide a solid waste management facility to adequately handle solid waste generated or existing within or without its jurisdiction;
(c)
assume, by agreement, responsibility for the collection and disposition of solid waste whether generated within or without its jurisdiction;
(d)
enter into a short- or long-term interlocal agreement to provide for or operate a solid waste management facility with:
a combination of persons listed in Subsections (1)(d)(i) through (iii);
(e)
levy and collect a tax, fee, or charge or require a license as may be appropriate to discharge its responsibility for the acquisition, construction, operation, maintenance, and improvement of a solid waste management facility, including licensing a private collector operating within its jurisdiction;
(f)
require that solid waste generated within its jurisdiction be delivered to a solid waste management facility;
(g)
control the right to collect, transport, and dispose of solid waste generated within its jurisdiction;
(h)
agree that, according to Section 19-6-505, the exclusive right to collect, transport, and dispose of solid waste within its jurisdiction may be assumed by:
(i)
another public entity;
(ii)
a private person; or
(iii)
a combination of persons listed in Subsections (1)(h)(i) through (ii);
(i)
accept and disburse funds derived from a federal or state grant, a private source, or money that may be appropriated by the Legislature for the acquisition, construction, ownership, operation, maintenance, and improvement of a solid waste management facility;
(j)
contract for the lease or purchase of land, a facility, or a vehicle for the operation of a solid waste management facility;
(k)
establish one or more policies for the operation of a solid waste management facility, including:
(i)
hours of operation;
(ii)
character and kind of wastes accepted at a disposal site; and
(iii)
any other policy necessary for the safety of the operating personnel;
(l)
sell or contract for the sale, according to a short or long-term agreement, of usable material, energy, fuel, or heat separated, extracted, recycled, or recovered from solid waste in a solid waste management facility, on terms in its best interest;
(m)
pledge, assign, or otherwise convey as security for the payment of bonds, revenues and receipts derived from the sale or contract or from the operation and ownership of a solid waste management facility or an interest in it;
issue industrial development revenue bonds according to Title 11, Chapter 17, Utah Industrial Facilities and Development Act, to pay the costs of financing a project consisting of a solid waste management facility on behalf of an entity that constitutes the users of a solid waste management facility project within the meaning of Section 11-17-2;
(p)
agree to construct and operate or to provide for the construction and operation of a solid waste management facility project, which project manages the solid waste of a public entity or private person, according to one or more contracts and other arrangements provided for in a proceeding according to which a bond is issued; and
(q)
issue a bond to pay the cost of establishing reserves to pay principal and interest on the bonds as provided for in the proceedings according to which the bonds are issued.
