Section 34A-16-46 – Processing and disposal of waste generated outside of district prohibited.
34A-16-46. Processing and disposal of waste generated outside of district prohibited. No solid waste disposal facility owned or operated by any municipality, county, or regional recycling and solid waste management district located within a regional recycling and waste management district may accept for processing or disposal any solid waste generated outside the boundaries of the […]
Section 34A-16-47 – Powers granted by chapter independent from other statutes.
34A-16-47. Powers granted by chapter independent from other statutes. The powers granted by this chapter, including the powers granted to a regional recycling and waste management district, a county or a municipality, are independent from and shall be supplementary to, powers granted by any other statute, and restrictions, conditions, procedural provisions, or other requirements contained […]
Section 34A-16-48 – Entrance upon public and private lands to determine suitability of potential landfill site.
34A-16-48. Entrance upon public and private lands to determine suitability of potential landfill site. A district, in the course of investigating and analyzing the suitability of land sought to be acquired for district landfill purposes, may, after reasonable notice and during normal business hours, enter upon any public or private land for the purpose of […]
Section 34A-16-49 – Legislative findings.
34A-16-49. Legislative findings. The Legislature hereby finds that: (1)The high and increasing cost of owning, operating, and closure of solid waste facilities, and the financing thereof, and the increasing federal and other regulatory requirements pertaining to such solid waste facilities, has created an urgent demand for action by counties, municipalities, and others in this state; […]
Section 34A-17-1 – Short title.
34A-17-1. Short title. This chapter may be cited as the Uniform Environmental Covenants Act. Source: SL 2005, ch 196, §1.
Section 34A-17-2 – Definitions.
34A-17-2. Definitions. In this chapter: (1)”Activity and use limitations,” means restrictions or obligations created under this chapter with respect to real property; (2)”Agency,” means the Department of Agriculture and Natural Resources or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created; (3)”Common […]
Section 34A-17-3 – Nature of rights–Subordination of interests.
34A-17-3. Nature of rights–Subordination of interests. (a) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. […]
Section 34A-17-4 – Content of environmental covenant.
34A-17-4. Content of environmental covenant. (a) An environmental covenant must: (1)State that the instrument is an environmental covenant executed pursuant to this chapter; (2)Contain a legally sufficient description of the real property subject to the covenant; (3)Describe the activity and use limitations on the real property; (4)Identify every holder; (5)Be signed by the agency, every […]
Section 34A-16-38 – Review and approval of designation plan.
34A-16-38. Review and approval of designation plan. The district shall submit the designation plan to the reviewing authority for review and approval or disapproval. If the designation plan has been approved by the reviewing authority or another state agency as part of the review and approval of a comprehensive solid waste management plan for the […]
Section 34A-16-39 – Time limit to review plan–Requirements for approval.
34A-16-39. Time limit to review plan–Requirements for approval. The reviewing authority shall complete its review pursuant to §34A-16-38 and make its decision within ninety days following submission of the plan for review. The reviewing authority shall approve the designation plan if the plan satisfies the requirements of §§34A-16-35 to 34A-16-37, inclusive, or, in the case […]