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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
solid waste services; private provider
Purpose
Prohibits a city, town or county from enforcing a criminal penalty against a person who refuses to purchase solid waste collection services from a private service provider.
Background
A city, town or county may regulate the private collection of solid waste within its jurisdiction, including standards for equipment, hours of operation, license fees and insurance requirements. City, town or county ordinances and regulations relating to private collection of solid waste must be at least as stringent as statutory requirements and rules adopted by the Arizona Department of Environmental Quality (ADEQ) for solid waste collection. A city, town or county may establish criminal and civil penalties for violations of ordinances and regulations relating to private collection of solid waste, which cannot exceed statutory penalties (A.R.S. § 49-765). A violation of statutory requirements or ADEQ rules relating to the dumping or disposal of solid waste is a class 2 misdemeanor (A.R.S. § 49-791).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a city, town or county from providing for or enforcing a criminal penalty against a person who refuses to purchase solid waste collection services from a private service provider.
2. Removes the ability of a city, town or county to provide for criminal penalties for violations of ordinances and regulations relating to private collection of solid waste.
3. Makes technical changes.
4. Becomes effective on the general effective date.
House Action
GOV 2/20/20 DP 8-3-0-0
3rd Read 2/27/20 31-29-0
Prepared by Senate Research
March 5, 2020
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