Definitions.

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  • (1) "Governing body" means the governing board, commission, or council of a public entity.
  • (2) "Jurisdiction" means the area within the incorporated limits of:
    • (a) a municipality;
    • (b) a special service district;
    • (c) a municipal-type service district;
    • (d) a service area; or
    • (e) the territorial area of a county not lying within a municipality.
  • (3) "Long-term agreement" means an agreement or contract having a term of more than five years but less than 50 years.
  • (4) "Municipal residential waste" means solid waste that is:
    • (a) discarded or rejected at a residence within the public entity's jurisdiction; and
    • (b) collected at or near the residence by:
      • (i) a public entity; or
      • (ii) a person with whom the public entity has as an agreement to provide solid waste management.
  • (5) "Public entity" means:
    • (a) a county;
    • (b) a municipality;
    • (c) a special service district under Title 17D, Chapter 1, Special Service District Act;
    • (d) a service area under Title 17B, Chapter 2a, Part 9, Service Area Act; or
    • (e) a municipal-type service district created under Title 17, Chapter 34, Municipal-Type Services to Unincorporated Areas.
  • (6) "Requirement" means an ordinance, policy, rule, mandate, or other directive that imposes a legal duty on a person.
  • (7) "Residence" means an improvement to real property used or occupied as a primary or secondary detached single-family dwelling.
  • (8) "Resource recovery" means the separation, extraction, recycling, or recovery of usable material, energy, fuel, or heat from solid waste and the disposition of it.
  • (9) "Short-term agreement" means a contract or agreement having a term of five years or less.
  • (10)
    • (a) "Solid waste" means a putrescible or nonputrescible material or substance discarded or rejected as being spent, useless, worthless, or in excess of the owner's needs at the time of discard or rejection, including:
      • (i) garbage;
      • (ii) refuse;
      • (iii) industrial and commercial waste;
      • (iv) sludge from an air or water control facility;
      • (v) rubbish;
      • (vi) ash;
      • (vii) contained gaseous material;
      • (viii) incinerator residue;
      • (ix) demolition and construction debris;
      • (x) a discarded automobile; and
      • (xi) offal.
    • (b) "Solid waste" does not include sewage or another highly diluted water carried material or substance and those in gaseous form.
  • (11) "Solid waste management" means the purposeful and systematic collection, transportation, storage, processing, recovery, or disposal of solid waste.
  • (12)
    • (a) "Solid waste management facility" means a facility employed for solid waste management, including:
      • (i) a transfer station;
      • (ii) a transport system;
      • (iii) a baling facility;
      • (iv) a landfill; and
      • (v) a processing system, including:
        • (A) a resource recovery facility;
        • (B) a facility for reducing solid waste volume;
        • (C) a plant or facility for compacting, or composting, of solid waste;
        • (D) an incinerator;
        • (E) a solid waste disposal, reduction, pyrolization, or conversion facility;
        • (F) a facility for resource recovery of energy consisting of:
          • (I) a facility for the production, transmission, distribution, and sale of heat and steam;
          • (II) a facility for the generation and sale of electric energy to a public utility, municipality, or other public entity that owns and operates an electric power system on March 15, 1982; and
          • (III) a facility for the generation, sale, and transmission of electric energy on an emergency basis only to a military installation of the United States; and
        • (G) an auxiliary energy facility that is connected to a facility for resource recovery of energy as described in Subsection (12)(a)(v)(F), that:
          • (I) is fueled by natural gas, landfill gas, or both;
          • (II) consists of a facility for the production, transmission, distribution, and sale of supplemental heat and steam to meet all or a portion of the heat and steam requirements of a military installation of the United States; and
          • (III) consists of a facility for the generation, transmission, distribution, and sale of electric energy to a public utility, a municipality described in Subsection (12)(a)(v)(F)(II), or a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act.
    • (b) "Solid waste management facility" does not mean a facility that:
      • (i) accepts and processes metal, as described in Subsection 19-6-102(19)(b), by separating, shearing, sorting, shredding, compacting, baling, cutting, or sizing to produce a principle commodity grade product of prepared scrap metal for sale or use for remelting purposes provided that any byproduct or residual that would qualify as solid waste is managed at a solid waste management facility; or
      • (ii) accepts and processes paper, plastic, rubber, glass, or textiles that:
        • (A) have been source-separated or otherwise diverted from the solid waste stream before acceptance at the facility and that are not otherwise hazardous waste or subject to conditions of federal hazardous waste regulations; and
        • (B) are reused or recycled as a valuable commercial commodity by separating, shearing, sorting, shredding, compacting, baling, cutting, or sizing to produce a principle commodity grade product, provided that any byproduct or residual that would qualify as solid waste is managed at a solid waste management facility.




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