§ 25-19-104 — Environmental priorities plan

(1) Any small community wishing
to enter into an integrated environmental compliance agreement pursuant to
section 25-19-105 shall submit to the department on or before July 1, 1998, an
environmental priorities plan prepared in accordance with the provisions of this
section; except that an environmental priorities plan may be submitted by a small
community after July 1, 1998, if the department finds that the small community did
not become aware of and could not have reasonably anticipated the environmental
compliance concerns of the community in time to meet the deadline of July 1, 1998.

(2) An environmental priorities plan shall:

(a) Identify the environmental requirements enumerated in section 25-19-105
that pose an existing compliance problem or a near term compliance problem for
the small community;

(b) Demonstrate the resource limitations that make it difficult for the small
community to achieve and sustain compliance within the established statutory or
regulatory deadlines;

(c) Set forth the small community's proposed environmental compliance
priorities, including the identified actions to be taken, anticipated expenditures
required for such actions, and a proposed schedule that would result in compliance
with all individual environmental requirements as soon as practicable, within an
overall period not to exceed ten years, without adversely impacting public health or
the environment outside of the small community; and

(d) Describe the public process that has resulted in the formulation of the
environmental compliance priorities for the small community.

(3) A small community participating in the program created by this article
shall take reasonable steps to provide the public affected by its actions with a
meaningful opportunity to participate in the preparation of an environmental
priorities plan, through whatever combination of public meetings or hearings or
opportunity for written input is most practical for the particular community.

(4) A small community participating in the program created by this article
shall provide a copy of its proposed plan to any person who has so requested prior
to the small community's submission of its plan to the department.

(5) and (6) Repealed.

Legislative History

Source: L. 95: Entire article added, p. 1006, � 1, effective July 1. L. 2022: (5) and (6) repealed, (SB 22-212), ch. 421, p. 2980, � 65, effective August 10.