§ 38 §1310-AA — Public benefit determination

1.
Application for public benefit determination.
Prior to submitting an application under section 1310‑N for a license for a new or expanded solid waste disposal facility, a person must apply to the commissioner for a determination of whether the proposed facility provides a substantial public benefit.
1-A.
Public benefit determination for acceptance by publicly owned solid waste landfills of waste generated out of state.
Prior to accepting waste that is not waste generated within the State, a solid waste facility that is subject to this subsection shall apply to the commissioner for a determination of whether the acceptance of the waste provides a substantial public benefit.
1-B.
State-owned solid waste disposal facilities.
This subsection applies to public benefit determinations for solid waste disposal facilities owned by the State.
2.
Process.
Determinations by the commissioner under this section are not subject to Title 5, chapter 375, subchapter 4. The applicant shall provide public notice of the filing of an application under this section in accordance with department rules. The department shall accept written public comment during the course of processing the application. In making the determination of whether the facility under subsection 1 or the acceptance of waste that is not waste generated within the State under subsection 1‑A provides a substantial public benefit, the commissioner shall consider the state plan, written information submitted in support of the application and any other written information the commissioner considers relevant. The commissioner shall hold a public meeting in the vicinity of the proposed facility under subsection 1 or the solid waste landfill under subsection 1‑A to take public comments and shall consider those comments in making the determination. The commissioner shall issue a decision on the matter within 60 days of receipt of the application. The commissioner's decisions under this section may be appealed to the board, but the board is not authorized to assume jurisdiction of a decision under this section.
3.
Standards for determination.
The commissioner shall find that the proposed facility under subsection 1 or the acceptance of waste that is not waste generated within the State under subsection 1‑A provides a substantial public benefit if the applicant demonstrates to the commissioner that the proposed facility or the acceptance of waste that is not waste generated within the State:
4.
Application.
This section does not apply to facilities described in section 1310‑N, subsection 3‑A, paragraph A.
5.
Modifications.
Public benefit determinations may be revised by the department if the department finds that a material change in the underlying facts or circumstances upon which a public benefit determination was based has occurred or is proposed, including, but not limited to, a change related to disposal capacity or a change of the owner or operator of a facility. The department may require the holder of a public benefit determination to submit an application for modification of that determination if the department finds that a change in the underlying facts or circumstances has occurred or is proposed.
6.
Substantial public benefit.
7.
Decision making.
When making a decision on an application for a determination of public benefit, the commissioner:

Legislative History

RR 1995, c. 1, §33 (COR). PL 1995, c. 314, §1 (NEW). PL 1995, c. 465, §A22 (NEW). PL 1995, c. 465, §C2 (AFF). PL 2007, c. 338, §3 (AMD). PL 2007, c. 338, §5 (AFF). PL 2007, c. 414, §§4, 5 (AMD). PL 2007, c. 655, §10 (AMD). PL 2009, c. 348, §§1, 2 (AMD). PL 2009, c. 348, §3 (AFF). PL 2011, c. 566, §§2-7 (AMD). PL 2013, c. 243, §§2, 3 (AMD). PL 2019, c. 619, §§6-8 (AMD). PL 2021, c. 626, §§3-5 (AMD).