19-6-507. Flow control for solid waste prohibited -- Exceptions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

(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.

Enacted by Chapter 89 , 2008 General Session