| (1) |
As used in the section:
Terms Used In Utah Code 67-5-36- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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) |
“Controlled substance” means the same as that term is defined in Section 58-37-2. |
| (b) |
“Department” means the Department of Environmental Quality. |
| (c) |
“Environmentally friendly” means a controlled substance that is rendered:
| (i) |
non-retrievable, as determined by the attorney general in consultation with the department; |
| (ii) |
non-hazardous, as determined by the department; and |
| (iii) |
permissible to dispose in a landfill in a manner that does not violate state or federal law relating to surface water or groundwater. |
|
| (d) |
“Home controlled substance disposal receptacle” means a receptacle provided by the program that can be used by an individual to render a small amount of controlled substances at an individual’s residence non-retrievable and environmentally friendly. |
| (f) |
“Program” means the Drug Disposal Program described in this section. |
| (g) |
“Repository” means a controlled substance disposal repository described in Subsection (3). |
|
| (2) |
The attorney general may, in coordination with the department and within funds available for this purpose, administer a program, known as the Drug Disposal Program, to provide for the safe, secure, and environmentally friendly disposal of controlled substances in the state. |
| (3) |
The attorney general and the department, in developing and implementing the program:
| (a) |
may work with law enforcement agencies, pharmacies, hospitals, and other entities to ensure that one or more repositories are present in each county in the state; |
| (b) |
shall ensure that each repository:
| (i) |
renders a controlled substance placed in the repository non-retrievable and environmentally friendly, onsite; and |
| (ii) |
is secure from tampering or unauthorized removal; |
|
| (c) |
may require verification that:
| (i) |
a repository complies with Subsection (3)(b); and |
| (ii) |
a home controlled substance disposal receptacle renders a controlled substance non-retrievable and environmentally friendly; |
|
| (d) |
shall ensure that the program operates in accordance with Drug Enforcement
Administration rules; and |
| (e) |
may publish, on the websites of the attorney general’s office and the department:
| (i) |
a list of the location of each repository in the state; and |
| (ii) |
if home controlled substance disposal receptacles are used as part of the program, information on how to obtain a home controlled substance disposal receptacle. |
|
|
| (4) |
The attorney general may, instead of, or in addition to, establishing a repository in a county, establish a process for residents of the county to obtain a home controlled substance disposal receptacle. |
| (5) |
A state or local government entity, other than the attorney general’s office, the department, or a designee of the department, may not:
| (a) |
regulate the disposal of a controlled substance rendered non-retrievable in a repository or home controlled substance disposal receptacle differently, or more strictly, than disposal of non-hazardous household waste; |
| (b) |
regulate or restrict the location of a repository or the distribution of a home controlled substance disposal receptacle; or |
| (c) |
otherwise take action to regulate or interfere with administration of the program. |
|
| (6) |
This section does not prohibit the disposal of a controlled substance:
| (a) |
in a receptacle that does not qualify as a repository if:
| (i) |
the receptacle is located on the premises of an entity authorized by Drug Enforcement Administration rules to accept a controlled substance for subsequent disposal; and |
| (ii) |
the entity described in Subsection (6)(a)(i) ensures that the controlled substance is managed in a manner permitted by Drug Enforcement Administration rule; or |
|
| (b) |
disposed at a facility that has received the approval required under Section 19-6-108. |
|
| (7) |
Unless otherwise agreed by the attorney general, an entity described in Subsection (3)(a) that permits the placement of a repository on property owned or controlled by the entity will dispose of a controlled substance placed in the repository after the controlled substance is rendered environmentally friendly. |
Enacted by Chapter 443, 2020 General Session
