A. A municipality of this state shall not prohibit or unreasonably restrain a private enterprise from delivering recycling or solid waste management services to commercial, industrial or multifamily residential properties within or to the municipality.

Terms Used In Arizona Laws 49-746

  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Solid waste management: means the systematic administration of activities that provide for the collection, source separation, storage, transportation, transfer, processing, treatment or disposal of solid waste in a manner that protects public health and safety and the environment and prevents and abates environmental nuisances. See Arizona Laws 49-701

B. The municipality shall prescribe rules for the delivery of recycling and solid waste management services for commercial, industrial and multifamily residential properties that promote availability of these services and competition in the delivery of these services.

C. A municipality of this state shall not be mandated to provide recycling and solid waste management services to commercial, industrial and multifamily residential properties.

D. Multifamily residential properties shall provide the applicable municipality with at least a sixty calendar day notice to terminate recycling or solid waste management services.

E. For the purposes of this section:

1. "Dwelling unit" has the same meaning prescribed in section 33-1310.

2. "Multifamily residential properties" means any real property that has one or more structures and that contains five or more dwelling units for rent or lease that are subject to Title 33, Chapter 10.

 

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