§ 25-15-505 — Grounds for approval

(1) A governing body having jurisdiction
shall approve or disapprove an application for a hazardous waste incinerator or
processor site certificate of designation within one hundred eighty days after
receiving such application. Such governing body having jurisdiction may approve an
application for a certificate of designation upon a finding of all of the following
factors:

(a) That the proposed hazardous waste incinerator or processor site would
not pose a significant threat to the health or safety of the public or the
environment, taking into consideration:

(I) The density of population in the areas neighboring such proposed site;

(II) The density of population in the areas that are adjacent to any portion of
delivery roads to such proposed site and that lie within a fifty-mile radius of such
proposed site; and

(III) The risk of accidents occurring during the transportation of waste to or
at the proposed site;

(b) That the applicant has documented such applicant's financial ability to
operate the proposed hazardous waste incinerator or processor;

(c) That the applicant, taking into account such applicant's prior
performance records, if any, in the treatment, storage, disposal, processing, or
incineration of hazardous waste, has documented sufficient reliability, expertise,
and competency to operate and manage the proposed hazardous waste incinerator
or processor; and

(d) That the proposed site conforms to the comprehensive land use plans
and relevant land use regulations of the governing body having jurisdiction; except
that, to the extent the commission has promulgated a rule imposing a condition on
incinerator or processor operation pursuant to section 25-15-302, such
comprehensive land use plans and rules shall not impose a condition more stringent
than that contained in such state rule.

(2) In considering an application for a proposed hazardous waste incinerator
or processor, the governing body having jurisdiction shall take into account the
effect that such hazardous waste incinerator or processor will have on the
surrounding property, taking into consideration the types of processing to be used,
wind and climatic conditions, and both the quality and quantity of public and private
infrastructure necessary to facilitate the construction and subsequent operation of
such incinerator, processor, or site.

(3) (a) Prior to the issuance of a certificate of designation for a hazardous
waste incinerator or processor, the application, comprehensive land use plans, any
relevant zoning ordinances, and any other pertinent information shall be presented
to the governing body having jurisdiction at a public hearing to be held after notice.
Such notice shall contain the date, time, and location of the hearing and shall state
that the matter to be considered at such hearing is the applicant's application for a
hazardous waste incinerator or processor. Such notice shall be published in a
newspaper having general circulation in the county or municipality in which the
proposed hazardous waste incinerator or processor site is located at least ten days
but no more than thirty days prior to the date of such hearing. Any such notice shall
be printed prominently in at least ten-point, bold-faced type. Such notice shall be
posted at the proposed hazardous waste incinerator or processor site for a period
beginning at least thirty days before such public hearing and continuing through
the date of such hearing.

(b) At any public hearing held pursuant to the provisions of paragraph (a) of
this subsection (3), the governing body having jurisdiction shall hear or receive any
written or oral testimony presented by the applicant and by governmental entities
and residents or any interested party concerning such proposed incinerator or
processor site. All such testimony shall be considered by the governing body having
jurisdiction in making a decision concerning such application.

(4) The governing body having jurisdiction shall notify the department of the
approval or disapproval of any application for a hazardous waste incinerator or
processor certificate of designation within five days after such approval or
disapproval.

(5) The governing body having jurisdiction over a hazardous waste
incinerator or processor may enact local procedural rules in order to implement the
provisions of this part 5. If a local procedural rule conflicts with any of the
provisions of this article, the provisions of this article shall control.

Legislative History

Source: L. 92: Entire part added, p. 1266, � 1, effective July 1; (1)(d) amended, p. 1261, � 27, effective August 1. L. 2002: Entire section amended, p. 90, � 5, effective March 22.