Utah Code 19-6-505. Long-term agreements for joint action — Construction, acquisition, or sale of interest in management facilities — Issuance of bonds
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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
Two or more public entities, which for the purposes of this section shall only include any political subdivision of the state, the state and its agencies, and the United States and its agencies, may enter into long-term agreements with one another pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, and any one or more public entities may enter into long-term agreements with any private entity or entities for joint or cooperative action related to the acquisition, construction, ownership, operation, maintenance, and improvement of solid waste management facilities, regardless of whether the facilities are owned or leased by a public entity or entities, private entity or entities, or combination of them and pursuant to which solid waste of one or more public entities, any private entity or entities, or combination of them, are made available for solid waste management pursuant to the terms, conditions, and consideration provided in the agreement.
(b)
Any payments made by a public entity for services received under the agreement are not an indebtedness of the public entity within the meaning of any constitutional or statutory restriction, and no election is necessary for the authorization of the agreement.
(c)
Any public entity or any public entity in combination with a private entity agreeing to make solid waste management facilities available may, in the agreement, agree to make available to other public entities a specified portion of the capacity of the solid waste management facilities, without regard to its future need of the specified capacity for its own use and may in the agreement agree to increase the capacity of its solid waste management facilities from time to time, as necessary, in order to take care of its own needs and to perform its obligations to the other parties to the agreement.
(2)
(a)
Two or more public entities or any one or more public entities together with any private entity or entities may construct or otherwise acquire joint interests in solid waste management facilities, or any part of them, for their common use, or may sell to any other public or private entity or entities a partial interest or interests in its solid waste management facility.
