A. Solid Waste Management Plan: The district shall administer the solid waste management plan prepared by Stansbury Design Associates for the county. Such plan is hereby adopted as the solid waste management plan for the county.
B. Solid Waste Management Systems: The district shall provide for a solid waste management system consistent with the solid waste management plan, consisting of storage, collection, transport, processing, separation, recovery and disposal through public ownership, or through exclusive agreements with one or more persons for a part or all of such solid waste system, or they may, through their permits in subsection D of this section and section 4-1-6 of this chapter, authorize any person to manage the solid waste which they are responsible pursuant to the terms of this chapter.
C. Rules And Regulations: The district may adopt, revise, revoke and enforce rules and regulations governing the health, safety, welfare and environmental aspects of solid waste management and administration of this chapter.
D. Permits: The district is hereby authorized to issue permits for all elements of solid waste management, including alteration of existing facilities or systems. All such permits shall be nontransferable, shall be for a term of one year and shall be subject to the fees set forth in subsection 4-1-6H of this chapter. All permits so issued shall be conditioned upon observance of the laws of this state, the ordinances of the applicable governing body and the rules and regulations authorized herein.
E. Contracts: All contracts entered into by the district under this chapter shall meet the following minimum requirements:
1. Approved by the district.
2. Be approved by legal counsel of the district.
3. Meet the insurance requirements of this chapter.
4. Be awarded to the lowest most qualified bid.
5. Show full details of ownership to the successful bidder, including the names and addresses of all principals, or officers and majority stockholders, if a corporation.
6. Such other conditions as may be set forth in instructions to bidders of other necessary qualification, as required by the contemplated work.
F. Private Contractor Regulation: The district shall determine the number of contractors needed to efficiently serve the county and shall issue permits to the contractor or contractors who are found to be qualified until the needs of the locality are met. Nothing in this chapter shall prevent one contractor from providing services to the entire county.
G. Nonresidential Solid Waste Service Charges: The district shall determine whether or not to set or regulate any service charges for nonresidential waste collection services by private contractors.
H. Residential Solid Waste Service Charges: The district shall set service charges for collection of residential solid waste by resolution in accordance with the contract they award to the lowest responsible bidder after receiving consent to accept the bid from Beaver City, Minersville Town, Milford City and Beaver County. Residential users shall be required to pay the fee whether or not they utilize the services of the contractor on a weekly basis or not. The lowest responsible bidder contracting with the district for collection of residential solid waste shall have the exclusive right to collect residential solid waste. No other contractor shall be entitled to receive a permit for collection of residential solid waste. (Ord. 93-03, 8-2-1993, eff. 10-1-1993)
I. Exclusive Right To Collect, Transport And Dispose Of Solid Waste:
1. Pursuant to Utah Code Annotated section 19-6-501 et seq., as amended, the district shall control the right to collect, transport and dispose of all solid waste generated within the county, and may by resolution reserve this exclusive right to itself.
2. The district may also by resolution grant the sole and exclusive right to collect, transport and dispose of solid waste within the county to any other public entity or entities, any private persons or entities, or any combination of them. This authority includes the right of the district to enter franchise agreements with any such persons or entities for specified periods of time regarding solid waste collection, transport and disposal.
3. This exclusive right of control shall be exercised in a manner that provides solid waste collection, transport and disposal services to county residential customers and commercial customers at a reasonable, fair market value for such services.
4. After any of the aforementioned exclusive rights are granted in the manner above stated, any entity or person other than the one granted exclusive authority shall be guilty of a separate class B misdemeanor for each day that unauthorized collection, transportation and disposal occurs; each such separate offense creating civil and/or criminal liability as outlined in section 4-1-15 of this chapter. (Ord. 2004-11, 8-2-2004, eff. 8-18-2004)