§ 27-1109 — State siting requirements

§ 27-1109. State siting requirements.\n 1. Within one year from the adoption of the plan required to be\nprepared pursuant to section 27-1102 of this title, and annually\nthereafter, the department shall review the implementation of the plan\nincluding the status of all existing facilities and all permit\napplications for new or expanded industrial hazardous waste treatment,\nstorage, or disposal facilities.\n 2. If, upon completion of its annual review, the department finds that\nexisting facilities alone or in combination with one or more pending or\napproved facility permit applications are sufficient to meet the\nschedule identified pursuant to subdivision eight of section 27-1102 of\nthis title the department shall so notify the legislature and the\ngovernor, in writing, identifying such existing facilities and new\nfacility applications pending or approved, and stating that no further\naction is necessary on the part of the state.\n 3. If, upon completion of its annual review, the department finds that\nexisting facilities alone or in combination with one or more pending or\napproved new facility permit applications are not sufficient to meet the\nschedule identified pursuant to subdivision eight of section 27-1102 of\nthis title, the department shall so notify the legislature and the\ngovernor in writing identifying in such notice the specific facilities\nneeded to meet such schedule.\n 4. Upon such finding the department shall, consistent with its\nresponsibilities under this title, immediately undertake measures and\nactions to assist any interested potential industrial hazardous waste\ntreatment, storage and disposal facility owners and operators in finding\nan appropriate site or sites, and shall hold public hearings or\nbriefings designed to encourage and facilitate discussion and\nnegotiations among such potential owners and operators and any potential\nhost community for any such facilities.\n 5. Within six months of a finding pursuant to subdivision three of\nthis section, the department shall report in writing to the governor and\nlegislature detailing the measures and actions taken pursuant to\nsubdivision four of this section and whether or not such actions have\nresulted in the filing of facility permit applications sufficient to\nmeet the schedule identified pursuant to subdivision eight of section\n27-1102 of this title. If such actions and measures have failed to\nresult in filings sufficient to meet such schedule, the department shall\ninclude in its report the reasons for such failure and its\nrecommendations on the actions necessary to meet such schedule including\na determination as to the necessity for the state through the\nenvironmental facilities corporation under its existing powers or some\nother mechanism to initiate the siting and construction of those\nfacilities necessary to meet such schedule.\n 6. Notwithstanding any other provision of this title, no new or\npending application for a disposal facility subject to section 27-1105\nof this title shall be deemed complete until the department has\ndetermined such application is consistent with the facility siting plan\nadopted pursuant to section 27-1102 of this title.\n