13-2035. Applicant for facility permit; exemption from siting approval requirements; when; application; contents.

196 words·~1 min read·/ne/chapter-13/13-2035

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any applicant who applies to the department for a permit for a facility pursuant to the Integrated Solid Waste Management Act shall be exempt from the siting approval requirements of sections 13-1701 to 13-1714 if a county, municipality, or agency is to be the owner of the facility and the facility is to be located in a county the unincorporated areas of which are among the areas to be served by such facility or the facility is to be located in the county of a municipality to be served by such facility if such facility will not serve unincorporated areas of a county.

The application of such county, municipality, or agency shall show that the applicant:

(1)Has considered the siting, operational, and traffic criteria established by section 13-1703 ;

(2)Has given notice of the proposed siting pursuant to the procedures established by section 13-1704 ;

(3)Has conducted a public hearing regarding the proposed siting preceded by published notice in a newspaper of general circulation in the county or municipality in which the proposed facility is to be located; and

(4)Has submitted a record of such hearing with its application to the department.