§ 25-15-507 — Substantial change in ownership, design, or operation

(1) Any
substantial change in the ownership of a hazardous waste incinerator or processor,
including but not limited to an assignment or a transfer of the certificate of
designation, or in the design or operation of a hazardous waste incinerator,
incinerator site, processor, or processor site shall be submitted to the governing
body having jurisdiction for its approval. Approval by the governing body having
jurisdiction shall be required before such a substantial change may become
effective. For the purposes of this section, substantial change shall have such
meaning as is provided for such term in the rules of the commission promulgated
pursuant to section 25-15-510.

(2) Except as provided in subsection (3) of this section, approval of a
substantial change under this section shall be made if the governing body having
jurisdiction finds all of the factors required by the provisions of section 25-15-505
(1) and has considered the factor provided in section 25-15-505 (2).

(3) A substantial change involving only a change in ownership, including an
assignment or transfer of the certificate of designation, shall be made if the
governing body having jurisdiction finds the factors required in section 25-15-505
(1)(b) and (1)(c).

(4) An application for approval of a substantial change under this section
shall be accompanied by a fee established by the governing body having
jurisdiction, which fee shall not exceed ten thousand dollars and which fee may be
refunded in whole or in part.

Legislative History

Source: L. 92: Entire part added, p. 1268, � 1, effective July 1; (1) amended, p. 1261, � 28, effective August 1. L. 2002: (1) amended, p. 92, � 7, effective March 22.