(1) 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.

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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:
         (7)(a) a municipality;
         (7)(b) a special service district;
         (7)(c) a municipal-type service district;
         (7)(d) a service area; or
         (7)(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:
         (10)(a) discarded or rejected at a residence within the public entity's jurisdiction; and
         (10)(b) collected at or near the residence by:
              (10)(b)(i) a public entity; or
              (10)(b)(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
  • Public entity: means :
         (13)(a) a county;
         (13)(b) a municipality;
         (13)(c) a special service district under Title 17D, Chapter 1, Special Service District Act;
         (13)(d) a service area under Title 17B, Chapter 2a, Part 9, Service Area Act; or
         (13)(e) a municipal-type service district created under Title 17, Chapter 34, Municipal-Type Services to Unincorporated Areas. See Utah Code 19-6-502
  • 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:
              (21)(a)(i) garbage;
              (21)(a)(ii) refuse;
              (21)(a)(iii) industrial and commercial waste;
              (21)(a)(iv) sludge from an air or water control facility;
              (21)(a)(v) rubbish;
              (21)(a)(vi) ash;
              (21)(a)(vii) contained gaseous material;
              (21)(a)(viii) incinerator residue;
              (21)(a)(ix) demolition and construction debris;
              (21)(a)(x) a discarded automobile; and
              (21)(a)(xi) offal. See Utah Code 19-6-502
  • 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:
              (23)(a)(i) a transfer station;
              (23)(a)(ii) a transport system;
              (23)(a)(iii) a baling facility;
              (23)(a)(iv) a landfill; and
              (23)(a)(v) a processing system, including:
                   (23)(a)(v)(A) a resource recovery facility;
                   (23)(a)(v)(B) a facility for reducing solid waste volume;
                   (23)(a)(v)(C) a plant or facility for compacting, or composting, of solid waste;
                   (23)(a)(v)(D) an incinerator;
                   (23)(a)(v)(E) a solid waste disposal, reduction, pyrolization, or conversion facility;
                   (23)(a)(v)(F) a facility for resource recovery of energy consisting of:
                        (23)(a)(v)(F)(I) a facility for the production, transmission, distribution, and sale of heat and steam;
                        (23)(a)(v)(F)(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
                        (23)(a)(v)(F)(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
                   (23)(a)(v)(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:
                        (23)(a)(v)(G)(I) is fueled by natural gas, landfill gas, or both;
                        (23)(a)(v)(G)(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
                        (23)(a)(v)(G)(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:

     (2)(a) the solid waste is municipal residential waste;
     (2)(b) no more than one landfill that may take the solid waste exists within:

          (2)(b)(i) the public entity’s jurisdiction; and
          (2)(b)(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
     (2)(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:

     (3)(a) in effect on January 1, 2008 is void as of January 1, 2013; and
     (3)(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.