§ 63M-1-1104. Criteria for recycling market development zone -- Application process and fees.

(1) An area may be designated as a recycling market development zone only if:

(a) the county or municipality agrees to make a qualifying local contribution under Section 63M-1-1105; and

(b) the county or municipality provides for postconsumer waste collection for recycling within the county or municipality.

(2) The executive authority of any municipality or county desiring to be designated as a recycling market development zone shall:

(a) obtain the written approval of the municipality or county's legislative body; and

(b) file an application with the office demonstrating the county or municipality meets the requirements of this part.

(3) The application shall be in a form prescribed by the office, and shall include:

(a) a plan developed by the county or municipality that identifies local contributions meeting the requirements of Section 63M-1-1105;

(b) a county or municipality development plan that outlines:

(i) the specific investment or development reasonably expected to take place;

(ii) any commitments obtained from businesses to participate, and in what capacities regarding recycling markets;

(iii) the county's or municipality's economic development plan and demonstration of coordination between the zone and the county or municipality in overall development goals;

(iv) zoning requirements demonstrating that sufficient portions of the proposed zone area are zoned as appropriate for the development of commercial, industrial, or manufacturing businesses;

(v) the county's or municipality's long-term waste management plan and evidence that the zone will be adequately served by the plan; and

(vi) the county or municipality postconsumer waste collection infrastructure;

(c) the county's or municipality's proposed means of assessing the effectiveness of the development plan or other programs implemented within the zone;

(d) state whether within the zone either of the following will be established:

(i) commercial manufacturing or industrial processes that will produce end products that consist of not less than 50% recovered materials, of which not less than 25% is postconsumer waste material; or

(ii) commercial composting;

(e) any additional information required by the office; and

(f) any additional information the county or municipality considers relevant to its designation as a recycling market development zone.

(4) A county or municipality applying for designation as a recycling market development zone shall pay to the office an application fee determined under Section 63J-1-504.

Amended by Chapter 183, 2009 General Session