1. (1)

   1. (a) As used in this section:

      1. (i) "Recycling" means the process of collecting materials diverted from the waste stream for reuse.
      2. (ii) "Recycling bin" means any receptacle made available to the public by a governmental entity or private business for the collection of any source-separated item for recycling purposes.
   2. (b) Terms defined in Sections 76-1-101.5 and 76-9-1801 apply to this section.

2. (2) An actor commits unlawful misuse of a recycling bin if:

   1. (a) the actor places a prohibited item or substance in a recycling bin; and

   2. (b) the recycling bin is posted with the following information printed legibly in basic English:

      1. (i) a descriptive list of the items that may be deposited in the recycling bin, entitled in boldface capital letters: "ITEMS YOU MAY DEPOSIT IN THIS RECYCLING BIN:";
      2. (ii) at the end of the list in Subsection (2)(b)(i), the following statement in boldface capital letters: "REMOVING FROM THIS BIN ANY ITEM THAT IS LISTED ABOVE AND THAT YOU DID NOT PLACE IN THE CONTAINER IS THE CRIMINAL OFFENSE OF THEFT, PUNISHABLE BY LAW.";
      3. (iii) the following statement in boldface capital letters: "DEPOSIT OF ANY OTHER ITEM IN THIS RECYCLING BIN IS AGAINST THE LAW.";
      4. (iv) the following statement in boldface capital letters, posted on the recycling collection container in close proximity to the other notices required under Subsection (2)(b): "PLACING ANY ITEM OR SUBSTANCE IN THIS RECYCLING BIN OTHER THAN THOSE ALLOWED IN THE LIST POSTED ON THIS BIN IS AN INFRACTION, PUNISHABLE BY A MAXIMUM FINE OF $750."; and
      5. (v) the name and telephone number of the entity that owns the recycling bin or is responsible for its placement and maintenance.
3. (3) A violation of Subsection (2) is an infraction.

Renumbered and Amended by Chapter 173, 2025 General Session