§ 23-18.9-16. Beneficial reuse of solid waste.
(a) The director may approve proposals for the environmentally beneficial reuse of solid
waste in a municipality in order to save natural resources by providing alternative
materials for projects that would otherwise use new materials and preserve landfill
space by removing materials from the waste stream that would otherwise be landfilled.
In determining whether a solid waste can be safely used as a beneficial reuse material,
the director may consider factors such as the physical and chemical characteristics
of the solid waste in question, the proposed use of the waste, and the location where
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§ 23-18.9-16. Beneficial reuse of solid waste.
(a) The director may approve proposals for the environmentally beneficial reuse of solid
waste in a municipality in order to save natural resources by providing alternative
materials for projects that would otherwise use new materials and preserve landfill
space by removing materials from the waste stream that would otherwise be landfilled.
In determining whether a solid waste can be safely used as a beneficial reuse material,
the director may consider factors such as the physical and chemical characteristics
of the solid waste in question, the proposed use of the waste, and the location where
the waste is proposed to be used according to criteria established by rule or policy
as the director deems appropriate. All proposals to use a solid waste as a beneficial
reuse material shall be made in writing to the director in the form of an application
for a beneficial use determination or BUD. No person may process, store, transport,
dispose or otherwise use any solid waste for beneficial reuse unless they have first
obtained the written approval of the director in the form of a BUD, unless specifically
provided for elsewhere in this chapter.
All beneficial reuse material proposals approved by the director shall include the
following:
(1) Public notice in a newspaper of general circulation;
(2) A notice to the manager or mayor and council of the municipality in question;
(3) A hearing to be held in the municipality affected.
(b) All persons applying for a BUD that proposes the reuse of more than three (3) cubic
yards of solid waste in one location shall forward a copy of their application to
the municipality where the beneficial reuse material will be used.
(c) The director may require any person involved in the storage, handling, processing
or use of solid waste for beneficial reuse to provide financial assurance that:
(1) The project approved in the BUD will be completed; and/or
(2) Any unused solid waste/beneficial reuse material will be properly removed and disposed
of either upon completion of the project or if project operations cease for any reason.