75-10-441. Hazardous waste site -- public hearing required before operation.
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75-10-441 . Hazardous waste site -- public hearing required before operation.
(1)The owner or manager of a proposed commercial facility for the storage, collection, or transfer of hazardous waste (whether or not the proposed facility is subject to permitting under 75-10-406 ) shall conduct a public hearing in the nearest population center to provide information and answer questions on:
(a)facility plans and operating procedures;
(b)emergency response plans and the manner in which neighboring population densities have been considered in the facility siting decision;
(c)the kinds of substances to be handled and any applicable state and federal requirements for the provision of public information on these substances;
(d)procedures that will be used to inform the public of any changes in the kinds of substances to be handled; and
(e)any other matters related to the operation of the facility that are pertinent to protecting public health, safety, and the environment.
(2)The hearing must be conducted no later than 60 days prior to the commencement of commercial hazardous waste storage, collection, or transfer operations at the facility.
(3)The hearing must be preceded by written notice:
(a)posted in no fewer than 25 locations of high public visibility and geographically distributed in neighborhoods within one-half mile of the facility;
(b)published in a newspaper of general circulation once a week for the 3 weeks immediately preceding the hearing; and
(c)delivered to the department not less than 30 days prior to the hearing.