1. (1) The department shall:

   1. (a) review and evaluate an application submitted under Section 19-13-104; and
   2. (b) determine whether the municipality or county is eligible for designation as a recycling market development zone.

2. (2) In designating recycling market development zones, the department shall consider:

   1. (a) whether the current waste management practices and conditions of the county or municipality are favorable to the development of postconsumer waste material markets;
   2. (b) whether the creation of the zone is necessary to assist in attracting private sector recycling investments to the area; and
   3. (c) the amount of available landfill capacity to serve the zone.

Renumbered and Amended by Chapter 360, 2020 General Session