§ 25-15-509 — Judicial review

The award, denial, revocation, or suspension of a
certificate of designation by the governing body having jurisdiction shall be subject
to judicial review in the district court for the judicial district in which the hazardous
waste incinerator or processor is located or is proposed to be located. Any request
for such judicial review shall be made within thirty days after such award, denial,
revocation, or suspension. If the court finds that the governing body having
jurisdiction has acted reasonably and in accordance with the procedures and
procedural limitations of this part 5, the court shall affirm the action of the
governing body having jurisdiction. If the court finds that the action is arbitrary and
capricious, not in accord with the procedures or procedural limitations of this part
5, unsupported by substantial evidence when the record is considered as a whole,
or otherwise contrary to law, then the court shall hold unlawful and set aside the
action and shall remand the case to the governing body having jurisdiction for
further proceedings as appropriate.

Legislative History

Source: L. 92: Entire part added, p. 1269, � 1, effective July 1. L. 2002: Entire section amended, p. 92, � 9, effective March 22.