First Substitute S.B. 46

Senator Dan R. Eastman proposes the following substitute bill:

1 ANTI-FLOW CONTROL AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Dan R. Eastman
5 House Sponsor: Kevin S. Garn
6
7 LONG TITLE
8 General Description:
9 This bill amends the Solid Waste Management Act.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . prohibits a public entity from requiring solid waste to be stored, recovered, or
14 disposed of at a specific waste facility unless the public entity has physical custody
15 of the solid waste;
16 . gives a private right of action; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 19-6-502, as last amended by Laws of Utah 2007, Chapter 329
25 19-6-503, as last amended by Laws of Utah 2005, Chapter 105

26 ENACTS:
27 19-6-502.5, Utah Code Annotated 1953
28 19-6-507, Utah Code Annotated 1953
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 19-6-502 is amended to read:
32 19-6-502. Definitions.
33 As used in this part:
34 (1) "Governing body" means the governing board, commission, or council of a public
35 entity.
36 (2) "Jurisdiction" means the area within the incorporated limits of:
37 (a) a municipality[,];
38 (b) a special service district[,];
39 (c) a municipal-type service district[,];
40 (d) a service area[,]; or [all of]
41 (e) the territorial area of a county not lying within a [city or town] municipality.
42 (3) "Long-term agreement" means an agreement or contract having a term of more than
43 five years [and] but less than 50 years.
44 (4) "Public entity" means:
45 (a) a county[,];
46 (b) a municipality[,];
47 (c) a special service district under Title 17A, Chapter 2, Part 13, Utah Special Service
48 District Act[, or];
49 (d) a service area under Title 17B, Chapter 2a, Part 9, Service Area Act [and]; or
50 (e) a municipal-type service district created under Title 17, Chapter 34,
51 Municipal-Type Services to Unincorporated Areas.
52 (5) "Requirement" means an ordinance, policy, rule, mandate, or other directive that
53 imposes a legal duty on a person.
54 [(5)] (6) "Resource recovery" means the separation, extraction, recycling, or recovery
55 of usable [materials] material, energy, fuel, or heat from solid waste and the disposition of it.
56 [(6)] (7) "Short-term agreement" means [any] a contract or agreement having a term of

57 five years or less.
58 [(7)] (8) (a) "Solid waste" means [all] a putrescible [and] or nonputrescible [materials
59 or substances] material or substance discarded or rejected as being spent, useless, worthless, or
60 in excess [to] of the owner's needs at the time of discard or rejection, including:
61 (i) garbage[,];
62 (ii) refuse[,];
63 (iii) industrial and commercial waste[, sludges from];
64 (iv) sludge from an air or water control [facilities,] facility;
65 (v) rubbish[, ashes,];
66 (vi) ash;
67 (vii) contained gaseous material[,];
68 (viii) incinerator residue[,];
69 (ix) demolition[,] and construction debris[,];
70 (x) a discarded [automobiles] automobile; and
71 (xi) offal[, but not including sewage and other].
72 (b) "Solid waste" does not include sewage or another highly diluted water carried
73 [materials or substances] material or substance and those in gaseous form.
74 [(8)] (9) "Solid waste management" means the purposeful and systematic collection,
75 transportation, storage, processing, recovery, [and] or disposal of solid waste.
76 [(9)] (10) "Solid waste management facility" means [any] a facility employed for solid
77 waste management, including:
78 (a) a transfer [stations,] station;
79 (b) a transport [systems,] system;
80 (c) a baling [facilities, landfills,] facility;
81 (d) a landfill; and
82 (e) a processing [systems] system, including:
83 (i) a resource recovery [facilities or other facilities] facility;
84 (ii) a facility for reducing solid waste volume[, plants and facilities];
85 (iii) a plant or facility for compacting, composting, or pyrolization of solid [wastes,
86 incinerators and other] waste;
87 (iv) an incinerator;

88 (v) a solid waste disposal, reduction, or conversion [facilities, and facilities] facility;
89 and
90 (vi) a facility for resource recovery of energy consisting of:
91 [(a) facilities] (A) a facility for the production, transmission, distribution, and sale of
92 heat and steam; [and]
93 [(b) facilities] (B) a facility for the generation and sale of electric energy to a public
94 utility [or], municipality, or other public entity [which] that owns and operates an electric
95 power system on March 15, 1982[,]; and
96 (C) a facility for the generation, sale, and transmission of electric energy on an
97 emergency basis only to a military installation of the United States[; provided, that solid waste
98 management facilities are not a public utility as defined in Section 54-2-1 ].
99 Section 2. Section 19-6-502.5 is enacted to read:
100 19-6-502.5. Solid waste management facility not a public utility.
101 A solid waste management facility is not a public utility as defined in Section 54-2-1 .
102 Section 3. Section 19-6-503 is amended to read:
103 19-6-503. Powers and duties of public entities.
104 (1) Subject to the powers and rules of the department[, the] and except as provided by
105 Section 19-6-507 , a governing body of [each] a public entity may:
106 [(1)] (a) supervise and regulate the collection, transportation, and disposition of [all]
107 solid waste generated within its jurisdiction;
108 [(2)] (b) provide a solid waste management [facilities] facility to adequately handle
109 [adequately] solid waste generated or existing within or without its jurisdiction;
110 [(3)] (c) assume, by agreement, responsibility for the collection and disposition of solid
111 waste whether generated within or without its [jurisdictional boundaries] jurisdiction;
112 [(4)] (d) enter into a short or long-term interlocal [agreements] agreement to provide
113 for or operate a solid waste management facility with [other]:
114 (i) another public [entities, with] entity;
115 (ii) a public [agencies] agency, as defined in [Title 11, Chapter 13, Interlocal
116 Cooperation Act, with] Section 11-13-103 ;
117 (iii) a private [persons or entities,] person; or [any]
118 (iv) a combination of [them, to provide for or operate solid waste management

119 facilities] persons listed in Subsections (1)(d)(i) through (iii);
120 [(5)] (e) levy and collect [taxes, fees, and charges and] a tax, fee, or charge or require
121 [licenses] a license as may be appropriate to discharge its responsibility for the acquisition,
122 construction, operation, maintenance, and improvement of a solid waste management [facilities
123 or any portion of them] facility, including licensing a private [collectors] collector operating
124 within its jurisdiction;
125 [(6)] (f) require that [all] solid waste generated within its jurisdiction be delivered to a
126 solid waste management facility;
127 [(7)] (g) control the right to collect, transport, and dispose of [all] solid waste generated
128 within its jurisdiction;
129 [(8)] (h) agree that, according to Section 19-6-505 , the [sole and] exclusive right to
130 collect, transport, and dispose of solid waste within its jurisdiction [shall] may be assumed by
131 [any other]:
132 (i) another public entity [or entities, any];
133 (ii) a private [persons or entities,] person; or [any]
134 (iii) a combination of [them, pursuant to Section 19-6-505] persons listed in
135 Subsections (1)(h)(i) through (ii) ;
136 [(9)] (i) accept and disburse funds derived from a federal or state [grants or from
137 private sources or from] grant, a private source, or moneys that may be appropriated by the
138 Legislature for the acquisition, construction, ownership, operation, maintenance, and
139 improvement of a solid waste management [facilities] facility;
140 [(10)] (j) contract for the lease or purchase of land, [facilities, and vehicles] a facility,
141 or a vehicle for the operation of a solid waste management [facilities] facility;
142 [(11)] (k) establish one or more policies for the operation of a solid waste management
143 [facilities] facility, including:
144 (i) hours of operation[,];
145 (ii) character[,] and kind of wastes accepted at a disposal [sites,] site; and [other rules]
146 (iii) another policy necessary for the safety of the operating personnel;
147 [(12)] (l) sell or contract for the sale, [pursuant] according to a short or long-term
148 [agreements] agreement, of [any] usable [materials] material, energy, fuel, or heat separated,
149 extracted, recycled, or recovered from solid waste in a solid waste management facility, on

150 terms in its best [interests, and to] interest;
151 (m) pledge, assign, or otherwise convey as security for the payment of [its] bonds
152 [any], revenues and receipts derived from the sale or contract or from the operation and
153 ownership of a solid waste management facility or an interest in it;
154 [(13)] (n) issue [bonds pursuant] a bond according to Title 11, Chapter 14, Local
155 Government Bonding Act; [and]
156 [(14)] (o) issue industrial development revenue bonds [pursuant] according to Title 11,
157 Chapter 17, Utah Industrial Facilities and Development Act, to pay the costs of financing
158 [projects] a project consisting of a solid waste management [facilities, as defined in Section
159 19-6-502 ,] facility on behalf of [entities] an entity that [constitute] constitutes the users of a
160 solid waste management facility project within the meaning of Section 11-17-2 [, and];
161 (p) agree to construct and operate or to provide for the construction and operation of a
162 solid waste management facility project, which project [shall manage] manages the solid waste
163 of [one or more public or private entities, all pursuant] a public entity or private person,
164 according to one or more contracts and other arrangements provided for in [the proceedings
165 pursuant] a proceeding according to which [the bonds are] a bond is issued[. In addition to the
166 authority to issue bonds contained in Title 11, Chapter 17, Utah Industrial Facilities and
167 Development Act, bonds may be issued pursuant to the authority contained in this subsection];
168 and
169 (q) issue a bond to pay the cost of establishing reserves to pay principal and interest on
170 the bonds as provided for in the proceedings [pursuant] according to which the bonds are
171 issued.
172 (2) The power to issue a bond under this section is in addition to the power to issue a
173 bond under Title 11, Chapter 17, Utah Industrial Facilities and Development Act.
174 Section 4. Section 19-6-507 is enacted to read:
175 19-6-507. Flow control for solid waste prohibited.
176 (1) Except as provided in Subsection (2), a public entity may not require solid waste
177 discarded or rejected within the public entity's jurisdiction to be stored, recovered, or disposed
178 of at a solid waste management facility owned or operated by a public entity.
179 (2) A public entity may require solid waste discarded or rejected within the public
180 entity's jurisdiction to be stored, recovered, or disposed of at a solid waste management facility

181 owned or operated by a public entity if the solid waste is in the physical custody of:
182 (a) the public entity; or
183 (b) a person with whom the public entity has an agreement to provide solid waste
184 management.
185 (3) A requirement described in Subsection (1) that is in effect on May 4, 2008 is void as
186 of May 5, 2008.
187 (4) A person aggrieved by a violation of this section may seek judicial review of the
188 violation in a court of competent jurisdiction.