§ 25-15-206 — Substantial change in ownership, design, or operation

(1) A
substantial change in the ownership of a hazardous waste disposal site, including
an assignment or a transfer of the certificate of designation therefor, or in the
design or operation of a hazardous waste disposal site, as substantial change is
defined in rules and regulations of the commission, shall be submitted to the board
of county commissioners or the governing body of the municipality for its approval
before such change shall become effective; except that, in the case of a hazardous
waste disposal site which was designated by the council pursuant to section 25-15-217, as said section existed upon its repeal, such change shall be subject to
approval by the department.

(2) Any approval of a substantial change under this section shall be made
only upon the finding of all of the factors required in section 25-15-203.

(3) The application for approval of a substantial change under this section
shall be accompanied by a fee established by the jurisdiction whose approval is
required for such substantial change, which fee shall not exceed ten thousand
dollars and which fee may be refunded in whole or in part. If the department is not
the approving jurisdiction, up to fifty percent of such fee shall be transmitted to the
department to offset the costs of the department's review pursuant to section 25-15-202 (4), including possible costs of reimbursement to other state agencies which
assist in such review.

Legislative History

Source: L. 81: Entire article R&RE, p. 1349, � 1, effective July 1. L. 83: Entire section amended, p. 1092, � 9, effective June 3. L. 92: (1) amended, p. 1259, � 21, effective August 1. L. 2005: (1) amended, p. 285, � 28, effective August 8.