Except as provided in Subsection (2), a public entity may not require solid waste discarded or rejected within the public entity’s jurisdiction to be stored, recovered, or disposed of at a solid waste management facility owned or operated by a public entity.
Terms Used In Utah Code 19-6-507
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
Municipal residential waste: means solid waste that is:
(a)
discarded or rejected at a residence within the public entity's jurisdiction; and
(b)
collected at or near the residence by:
(i)
a public entity; or
(ii)
a person with whom the public entity has as an agreement to provide solid waste management. 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
Requirement: means an ordinance, policy, rule, mandate, or other directive that imposes a legal duty on a person. See Utah Code 19-6-502
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
(2)
A public entity may require solid waste discarded or rejected within the public entity’s jurisdiction to be stored, recovered, or disposed of at a solid waste management facility owned or operated by a public entity if:
(a)
the solid waste is municipal residential waste;
(b)
no more than one landfill that may take the solid waste exists within:
(i)
the public entity’s jurisdiction; and
(ii)
125 miles outside the public entity’s jurisdiction, as measured from the landfill’s primary entrance by following the shortest route of ordinary travel by motor vehicle; or
(c)
the solid waste management facility owned or operated by the public entity receives less than 75 tons of solid waste per day.
(3)
A requirement described in Subsection (1) that is:
(a)
in effect on January 1, 2008 is void as of January 1, 2013; and
(b)
adopted on or after January 2, 2008 and in effect on May 4, 2008 is void as of May 5, 2008.
(4)
A person engaged in solid waste management that is aggrieved by a violation of this section may seek judicial review of the violation in a court of competent jurisdiction.
