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Utah Code Title 19. Environmental Quality Code § 19-6-509. Recycling data--Publication

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) As used in this section:

(a)(i) “Municipal solid waste” means nonhazardous solid waste, including garbage, refuse, office waste, or other similar material that results from the operation of residential, municipal, commercial, or institutional establishments or community activities.

(ii) “Municipal solid waste” does not include a plastic or material that is converted or held at an advanced recycling facility, including:

(A) post-use polymers; or

(B) recovered feedstock.

(b) “Recyclable material” means municipal solid waste that is suitable for recycling.

(c) “Recyclable material hauler” means a person, including a political subdivision, who:

(i) for compensation, collects and transports recyclable material; and

(ii) uses the billing and collection system of a political subdivision to bill or collect payment from the recyclable material hauler's customers.

(d) “Recycle” means to take action to recover recyclable materials from the municipal solid waste stream for the purposes of use or reuse, conversion into raw materials, or use in the production of new products.

(e) “Recycling facility” means a facility that:

(i) accepts recyclable material collected and paid for through a political subdivision's billing process;

(ii) separates the recyclable material by material type;

(iii) sells the recyclable material; and

(iv) sends the waste stream contaminant to a landfill.

(f) “Recycling facility annual report” is a report submitted each year by a recycling facility to the Division of Waste Management and Radiation Control.

(2) A recyclable material hauler shall collect data on the approximate tonnage of recyclable material collected by the recyclable material hauler that the recyclable material hauler delivered directly, or through an intermediary hauler, to:

(a) a landfill; or

(b) a recycling facility.

(3)(a) At least two times each calendar year, a recyclable material hauler shall report the data described in Subsection (2) to each political subdivision that the recyclable material hauler uses for billing and collection.

(b) The recyclable material hauler shall provide data under Subsection (3)(a) for the longer of:

(i) the time since the recyclable material hauler last provided the data; or

(ii) six months before the day on which the data is provided.

(4) Within 45 days after the day on which a recyclable material hauler provides data under this section, the political subdivision shall publish the data, as available:

(a) in a newsletter produced by the political subdivision; and

(b) if the political subdivision operates a website, on the website operated by the political subdivision.

(5)(a) A recycling facility shall submit a recycling facility annual report by March 1.

(b) The recycling facility shall complete the recycling facility annual report:

(i) using the methods approved by the Division of Waste Management and Radiation Control; and

(ii) including data collected during the previous calendar year.

(c) The Division of Waste Management and Radiation Control shall compile the data submitted in the recycling facility annual reports described in this Subsection (5) by June 1 each year.

(6) A political subdivision shall publish the data or an electronic link to the data compiled by the Division of Waste Management and Radiation Control from the recycling facility annual reports described in Subsection (5):

(a) in a newsletter produced by the political subdivision that is published between June 1 and October 1 of each year; and

(b) if a political subdivision operates a website, on the website each year beginning on a date that occurs between June 1 and October 1, and ending no earlier than December 31 of the same year.

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Cite this article: FindLaw.com - Utah Code Title 19. Environmental Quality Code § 19-6-509. Recycling data--Publication - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-19-environmental-quality-code/ut-code-sect-19-6-509/

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