19-6-503 - Powers and duties of public entities.
19-6-503. Powers and duties of public entities.
(1) Subject to the powers and rules of the department and except as provided by Section19-6-507, a governing body of a public entity may:
(a) supervise and regulate the collection, transportation, and disposition of solid wastegenerated within its jurisdiction;
(b) provide a solid waste management facility to adequately handle solid waste generatedor existing within or without its jurisdiction;
(c) assume, by agreement, responsibility for the collection and disposition of solid wastewhether generated within or without its jurisdiction;
(d) enter into a short or long-term interlocal agreement to provide for or operate a solidwaste management facility with:
(i) another public entity;
(ii) a public agency, as defined in Section 11-13-103;
(iii) a private person; or
(iv) a combination of persons listed in Subsections (1)(d)(i) through (iii);
(e) levy and collect a tax, fee, or charge or require a license as may be appropriate todischarge its responsibility for the acquisition, construction, operation, maintenance, andimprovement of a solid waste management facility, including licensing a private collectoroperating within its jurisdiction;
(f) require that solid waste generated within its jurisdiction be delivered to a solid wastemanagement facility;
(g) control the right to collect, transport, and dispose of solid waste generated within itsjurisdiction;
(h) agree that, according to Section 19-6-505, the exclusive right to collect, transport, anddispose of solid waste within its jurisdiction may be assumed by:
(i) another public entity;
(ii) a private person; or
(iii) a combination of persons listed in Subsections (1)(h)(i) through (ii);
(i) accept and disburse funds derived from a federal or state grant, a private source, ormoney that may be appropriated by the Legislature for the acquisition, construction, ownership,operation, maintenance, and improvement of a solid waste management facility;
(j) contract for the lease or purchase of land, a facility, or a vehicle for the operation of asolid waste management facility;
(k) establish one or more policies for the operation of a solid waste management facility,including:
(i) hours of operation;
(ii) character and kind of wastes accepted at a disposal site; and
(iii) another policy necessary for the safety of the operating personnel;
(l) sell or contract for the sale, according to a short or long-term agreement, of usablematerial, energy, fuel, or heat separated, extracted, recycled, or recovered from solid waste in asolid waste management facility, on terms in its best interest;
(m) pledge, assign, or otherwise convey as security for the payment of bonds, revenuesand receipts derived from the sale or contract or from the operation and ownership of a solidwaste management facility or an interest in it;
(n) issue a bond according to Title 11, Chapter 14, Local Government Bonding Act;
(o) issue industrial development revenue bonds according to Title 11, Chapter 17, UtahIndustrial Facilities and Development Act, to pay the costs of financing a project consisting of asolid waste management facility on behalf of an entity that constitutes the users of a solid wastemanagement facility project within the meaning of Section 11-17-2;
(p) agree to construct and operate or to provide for the construction and operation of asolid waste management facility project, which project manages the solid waste of a public entityor private person, according to one or more contracts and other arrangements provided for in aproceeding according to which a bond is issued; and
(q) issue a bond to pay the cost of establishing reserves to pay principal and interest onthe bonds as provided for in the proceedings according to which the bonds are issued.
(2) The power to issue a bond under this section is in addition to the power to issue abond under Title 11, Chapter 17, Utah Industrial Facilities and Development Act.
Amended by Chapter 89, 2008 General Session