Section 104 – Criteria for recycling market development zone — Application process and fees.

• (1) An area may be designated as a recycling market development zone only if:
  • (a) the county or municipality agrees to make a qualifying local contribution under Section 19-13-105; and
  • (b) the county or municipality provides for postconsumer waste collection for recycling within the county or municipality.

• (2) The executive authority of any municipality or county desiring to be designated as a recycling market development zone shall:
  • (a) obtain the written approval of the municipality or county’s legislative body; and
  • (b) file an application with the department demonstrating the county or municipality meets the requirements of this part.

• (3) The application shall be in a form prescribed by the department, and shall include:
  • (a) a plan developed by the county or municipality that identifies local contributions meeting the requirements of Section 19-13-105;
  • (b) a county or municipality development plan that outlines:
    • (i) the specific investment or development reasonably expected to take place;
    • (ii) any commitments obtained from businesses to participate, and in what capacities regarding recycling markets;
    • (iii) the county’s or municipality’s economic development plan and demonstration of coordination between the zone and the county or municipality in overall development goals;
    • (iv) zoning requirements demonstrating that sufficient portions of the proposed zone area are zoned as appropriate for the development of commercial, industrial, or manufacturing businesses;
    • (v) the county’s or municipality’s long-term waste management plan and evidence that the zone will be adequately served by the plan; and
    • (vi) the county or municipality postconsumer waste collection infrastructure;
  • (c) the county’s or municipality’s proposed means of assessing the effectiveness of the development plan or other programs implemented within the zone;
  • (d) state whether within the zone either of the following will be established:
    • (i) commercial manufacturing or industrial processes that will produce end products that consist of not less than 50% recovered materials, of which not less than 25% is postconsumer waste material; or
    • (ii) commercial composting;
  • (e) any additional information required by the department; and
  • (f) any additional information the county or municipality considers relevant to its designation as a recycling market development zone.

• (4) A county or municipality applying for designation as a recycling market development zone shall pay to the department an application fee determined under Section 63J-1-504.

Renumbered and Amended by Chapter 360, 2020 General Session