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San Juan County to advertise public hearing on uncovered‑load rules under Utah’s HB53; landfill manager urges larger fine to change behavior
Summary
After public comments from Blanding City and residents, landfill staff urged the commission to begin educating residents about covered‑load rules now and to consider a fine larger than the $10 statutory minimum; the commission approved advertising a public hearing on the county’s proposed fee changes for Aug. 19.
San Juan County commissioners agreed Aug. 5 to publish a notice for a public hearing Aug. 19 on proposed changes to landfill fees tied to Utah House Bill 53, the state law that requires covered loads at landfills and allows local penalties.
Why it matters: HB53 is intended to reduce litter and roadway hazards from unsecured or uncovered loads. The statute sets a $10 minimum fine for uncovered loads but allows local jurisdictions to set higher penalties. County landfill staff told commissioners that experience from other Utah landfills shows the minimum fine often does not stop repeat behavior.
Public comments: Trent Herring read a letter from the Blanding City Council urging the county to delay enforcement until the statutory implementation date of July 1, 2026 and to use education first rather than fines. "We do not believe it is appropriate for the landfill to use this requirement as a possible revenue stream," Herring said on behalf of the city council.
Landfill presentation: Jed, the landfill manager, said the county can implement education and warnings immediately and that doing so before July 2026 will reduce the chance of claims that residents were not informed. He proposed giving first‑time offenders a written warning and recording license plates so subsequent uncovered loads could be assessed a fine.
On fines, Jed said: “The data collected from other landfills suggests that the $10 minimum does not correct the behavior; a higher penalty tied to the tipping fee more effectively discourages uncovered loads.” He noted that Trans‑Jordan (Salt Lake County) had reduced uncovered loads after increasing the penalty.
Commission action: Commissioners voted to advertise an Aug. 19 public hearing for proposed landfill fee changes and to direct staff to roll out an education plan that includes handbills, newspaper notices and radio spots. The commission did not adopt final fee amounts Aug. 5; the hearing will allow public comment before any fee ordinance is adopted.
Context and next steps: HB53 includes enforcement authority for law enforcement and the highway patrol; county legal counsel told the commission prosecution and court reporting requirements will be part of implementation if local fines are adopted. Landfill staff said their preferred approach is education through the remainder of 2025, followed by phased enforcement in 2026 if behavior does not change. The county will post proposed fee language and a notice of the Aug. 19 hearing, and staff expect to return with a recommended ordinance for a later meeting.
Ending: Commissioners asked landfill staff to develop an outreach plan and a plate‑based warning log ahead of the Aug. 19 hearing.
