Current through the 2024 Fourth Special Session
Section 19-6-507 - Flow control for solid waste prohibited - Exceptions(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.