SF0146 - Solid waste disposal.
|
2001 |
State of Wyoming |
01LSO-0575 |
SENATE FILE NO. SF0146
Solid waste disposal.
Sponsored by: Senator(s) Kinnison and Schiffer and
Representative(s)
Landon
A BILL
for
1 AN ACT relating to solid
waste disposal rates; removing
2 authority
of political subdivisions and other entities to
3 set
landfill rates; providing for rate setting by the
4
public service commission; providing definitions; and
5
providing for an effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section
1. W.S. 15-7-101(a)(xi), 18-11-102,
10 35-11-508(a)(iii), 37-1-101 by
creating a new subsection
11 (b) and 37-3-101 are amended to
read:
12
13 15-7-101. Purposes.
14
15 (a) In addition
to all other powers provided by law,
16 any city or town may make public
improvements as follows
Page 1
1 for
which bonds may be issued to the contractor or be sold
2 as
provided in this chapter to:
3
4 (xi) Plan,
create, construct and equip liquid
5 and
solid waste facilities. To carry out this power or to
6
prevent pollution or injury to the environment, any city or
7
town may go beyond its corporate limits and take, hold and
8
acquire property by purchase or otherwise, or in joint
9
effort with cities, towns, counties or special districts.
10 Cities or towns may enact ordinances and
make all necessary
11 rules and regulations for the government and
protection of
12 liquid and solid waste disposal facilities,
and fix rates
and provide
for collection and disposal;
14
15 18-11-102. Powers; management; rates;
penalty for
16 violation of rules.
17
18 Following the creation of a solid waste
disposal district
19 the board of county commissioners shall
appoint not less
20 than three (3) nor more than nine (9)
residents of the
21 district to constitute the governing board
of the district.
22 Appointees shall serve a term of three (3)
years and may be
23 reappointed for three (3) additional terms.
Terms of office
24 shall be staggered. The governing board may
exercise all
Page 2
1
powers granted to cities and towns by W.S. 15-1-103(a)(xxi)
2 and
(xl) and shall adopt rules and regulations in managing
3 the
disposal of solid wastes within the district. Violation
4 of
a rule or regulation of the governing board requiring
5
disposal of solid wastes in designated sites constitutes a
6
misdemeanor punishable upon conviction by a fine not to
7
exceed seven hundred fifty dollars ($750.00) or
8
imprisonment not exceeding six (6) months or both. A
9
governing board may also enforce its rules and regulations
10 by appropriate legal proceedings and expend
and generate
11 revenue relative to the purpose of a solid
waste disposal
12 district. The governing board may permit
persons or
13 entities not included within the district to
utilize the
14 facilities of the district. The governing board public
15 service
commission may impose fees upon persons or entities
16 included within or outside of the district
for the
17 privilege of utilizing the facilities of the
district at
18 rates established by the governing board public
service
19 commission
and any revenue generated in this manner shall
20 only be used to operate the district.
21
22 35-11-508. Recycling and processing
requirements for
23 commercial solid waste management facilities.
24
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1 (a) In
recognition of the need to minimize
2
unnecessary uses of the land for solid waste management, to
3
allow for an effective ability for state oversight,
4
regulation and inspection of solid wastes intended to be
5
managed in the state and to conserve natural resources in
6
accord with the policy and purpose of this act, commercial
7
solid waste management facilities shall conform to the
8
following operating practices:
9
10 (iii) Rules and
regulations of the council shall
11 establish minimum acceptable removal and
recovery rates for
12 useful components of the solid waste
stream. Such rates
13 may be established for the facility as a
whole, or may
14 differ for different components of the solid
waste stream.
15 The rates
established shall be approved by the public
16 service
commission;
17
18 37-1-101. Definitions.
19
20 (b) As used in chapter 3 of this title:
21
22 (i) "Solid waste disposal facility" means a
23 public
utility.
24
Page 4
1 37-3-101. Rates to be just, reasonable
and uniform;
2 exceptions.
3
4 All
rates shall be just and reasonable, and all unjust and
5
unreasonable rates are prohibited. A rate shall not be
6
considered unjust or unreasonable on the basis that it is
7
innovative in form or in substance, that it takes into
8
consideration competitive marketplace elements or that it
9 provides
for incentives to a public utility. Except as
10 otherwise provided in W.S. 15-7-407, no
public utility
11 shall in any manner charge, demand, collect
or receive from
12 any person greater or less or different
compensation for
13 any service rendered or to be rendered by
the public
14 utility than is charged, demanded, collected
or received by
15 the public utility from any other person for
a like and
16 contemporaneous service under similar
circumstances and
17 conditions. The commission may determine
that rates for the
18 same service may vary depending on cost, the
competitive
19 marketplace, the need for universally
available and
20 affordable service, the need for
contribution to the joint
21 and common costs of the public utility,
volume and other
22 discounts, and other reasonable business
practices.
23 Nothing in this title shall prohibit any
public utility
24 from furnishing free or reduced rate service
to its current
Page 5
1 or
pensioned employees and dependent family members under
2
rates approved by the commission. For purposes of this
3 chapter, "public utility" includes the liquid and
solid
4 waste disposal facilities of political subdivisions and
5 commercial solid waste management facilities.
6
7 Section 2. This act is effective July 1, 2001.
8
9 (END)
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