(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.
(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
(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.
(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.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.