§ 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