§ 30-20-104 — Factors to be considered

(1) In considering an application for a
proposed solid wastes disposal site and facility, the governing body having
jurisdiction shall take into account:

(a) The effect that the solid wastes disposal site and facility will have on the
surrounding property, taking into consideration the types of processing to be used,
surrounding property uses and values, and wind and climatic conditions;

(b) The convenience and accessibility of the solid wastes disposal site and
facility to potential users;

(c) The ability of the applicant to comply with the health standards and
operating procedures provided for in this part 1 and such rules and regulations as
may be prescribed by the department;

(d) Recommendations by county, district, or municipal public health
agencies.

(2) Except as provided in this part 1, designation of approved solid wastes
disposal sites and facilities shall be discretionary with the governing body having
jurisdiction, subject to judicial review by the district court of appropriate
jurisdiction.

(3) (a) Prior to the issuance of a certificate of designation, the governing
body having jurisdiction shall require that the report, which shall be submitted by
the applicant under section 30-20-103, be reviewed and a recommendation as to
approval or disapproval be made by the department and shall be satisfied that the
proposed solid wastes disposal site and facility conforms to the local government's
comprehensive land use plan and zoning restrictions, if any. Any technical
conditions of approval made by the department in its final report shall be
incorporated as requirements in the certificate of designation. The application,
report of the department, comprehensive land use plan, relevant zoning ordinances,
and 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
time and place of the hearing, shall state that the matter to be considered is the
applicant's proposal for a solid wastes disposal site and facility, shall provide a
description of such proposed site and facility, and shall provide a description of the
geographic area that is within three miles of such proposed site and facility. The
notice shall be published in a newspaper having general circulation in the county or
municipality in which the proposed solid wastes disposal site and facility is located
at least ten but no more than thirty days prior to the date of the hearing. In addition,
the notice of such public hearing shall be posted at a conspicuous point in at least
one location at the offices of the governing body having jurisdiction and in at least
one location at the proposed site. Such notice shall be posted for a period
beginning at least thirty days before the public hearing and continuing through the
date of such hearing.

(b) At the public hearing held pursuant to the provisions of this subsection
(3), the governing body shall hear any written or oral testimony presented by
governmental entities and residents concerning such proposed site or facility. All
such testimony shall be considered by the governing body having jurisdiction in
making a decision concerning such application. For the purposes of this subsection
(3), residents means all individuals who reside within the geographic area
controlled by the governing body having jurisdiction or within three miles of the
proposed site and facility or who own property which lies within three miles of such
proposed site and facility without regard to which county or municipality such
individuals reside within.

Legislative History

Source: L. 67: p. 760, � 4. C.R.S. 1963: � 36-23-4. L. 71: p. 341, � 5. L. 91: Entire section amended, p. 966, � 6, effective June 5. L. 98: (3)(a) amended, p. 881, � 7, effective July 1. L. 2010: (1)(d) amended, (HB 10-1422), ch. 419, p. 2119, � 164, effective August 11.