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H.B. 294

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SOLID WASTE AMENDMENTS

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Brian R. Allen

5    AN ACT RELATING TO HEALTH AND ENVIRONMENT; REQUIRING THAT
6    INFECTIOUS WASTE IS SUBJECT TO DEPARTMENT OF ENVIRONMENTAL
7    QUALITY RULES REGARDING MANAGEMENT AND DISPOSAL.
8    This act affects sections of Utah Code Annotated 1953 as follows:
9    AMENDS:
10         19-6-502, as renumbered and amended by Chapter 112, Laws of Utah 1991
11    ENACTS:
12         19-6-507, Utah Code Annotated 1953
13    Be it enacted by the Legislature of the state of Utah:
14        Section 1. Section 19-6-502 is amended to read:
15         19-6-502. Definitions.
16        As used in this part:
17        (1) "Governing body" means the governing board, commission, or council of a public
18    entity.
19        (2) "Infections waste" means a solid waste that contains or may reasonably be expected
20    to contain pathogens of sufficient virulence and quantity that exposure to the waste by a
21    susceptible host could result in an infectious disease.
22        [(2)] (3) "Jurisdiction" means the area within the incorporated limits of a municipality,
23    special service district, municipal-type service district, county service area, or all of the territorial
24    area of a county not lying within a city or town.
25        [(3)] (4) "Long-term agreement" means an agreement or contract having a term of more
26    than five years and less than 50 years.
27        [(4)] (5) "Public entity" means a county, municipality, special service district, or county


1    service area created under Title 17A, Chapter 2, Independent Special Districts, and a
2    municipal-type service district created under Title 17, Chapter 34, Municipal-type Services to
3    Unincorporated Areas.
4        [(5)] (6) "Resource recovery" means the separation, extraction, recycling, or recovery of
5    usable materials, energy, fuel, or heat from solid waste and the disposition of it.
6        [(6)] (7) "Short-term agreement" means any contract or agreement having a term of five
7    years or less.
8        [(7)] (8) "Solid waste" means all putrescible and nonputrescible materials or substances
9    discarded or rejected as being spent, useless, worthless, or in excess to the owner's needs at the
10    time of discard or rejection, including garbage, refuse, industrial and commercial waste, sludges
11    from air or water control facilities, rubbish, ashes, contained gaseous material, incinerator residue,
12    demolition, and construction debris, discarded automobiles and offal, but not including sewage and
13    other highly diluted water carried materials or substances and those in gaseous form.
14        [(8)] (9) "Solid waste management" means the purposeful and systematic collection,
15    transportation, storage, processing, recovery, and disposal of solid waste.
16        [(9)] (10) "Solid waste management facility" means any facility employed for solid waste
17    management, including transfer stations, transport systems, baling facilities, landfills, processing
18    systems, including resource recovery facilities or other facilities for reducing solid waste volume,
19    plants and facilities for compacting, composting, or pyrolization of solid wastes, incinerators and
20    other solid waste disposal, reduction, or conversion facilities, and facilities for resource recovery
21    of energy consisting of [(a)] facilities for the production, transmission, distribution, and sale of
22    heat and steam, and [(b)] facilities for the generation and sale of electric energy to a public utility
23    or municipality or other public entity which owns and operates an electric power system on March
24    15, 1982, and for the generation, sale, and transmission of electric energy on an emergency basis
25    only to a military installation of the United States; provided, that solid waste management facilities
26    are not a public utility as defined in Section 54-2-1.
27        Section 2. Section 19-6-507 is enacted to read:
28         19-6-507. Regulation of infectious waste.
29        (1) Department and board rules under this part regarding the storage, transportation,
30    treatment, and disposal of infectious waste apply to all infectious waste, of any quantity, generated
31    by any health facility, as defined in Section 19-6-102.

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1        (2) All infectious waste that has been rendered noninfectious is not subject to this section,
2    but is subject to all other applicable provisions of this part and rules made under this part.




Legislative Review Note
    as of 1-27-97 5:37 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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