49-767

49-767. Government owned solid waste
facilities; permission; notice of site to property owners; hearing;
exemption

A. Any agency or political subdivision of this state which is required to select or
is selecting a possible permanent site for a solid waste facility required to obtain
approval pursuant to section 49-762 shall not select a site without obtaining approval of
the city or town if the proposed permanent site is located within such city or town or
the approval of the county in which the proposed permanent site is located if the
proposed permanent site is located in the unincorporated area of the county.

B. An agency or political subdivision of this state which is required to select or
which is selecting a possible permanent site for any solid waste facility required to
obtain approval pursuant to section 49-762 shall post a notice in accordance with
requirements specified by the department at the affected property so that the notices are
visible from the public rights-of-way and shall send written notice of the selection of
the possible permanent site by first class mail to property owners in the following
areas:

1. If the proposed permanent site is in an unincorporated area, within a three mile
radius of the outer boundaries of the proposed permanent site unless the three mile
radius intersects a municipal corporate boundary. In such a case, property owners inside
the municipal corporate boundary within one thousand feet of the outer boundary of the
proposed permanent site shall be notified as well as those property owners outside the
municipal corporate boundary within the three mile radius of the outer boundary of the
proposed permanent site.

2. If the proposed permanent site is in an incorporated area, within a one thousand
foot radius of the outer boundaries of the proposed permanent site.

C. The notice required by subsection B of this section shall be mailed to each
owner of real property as shown on the list of property owners furnished by the county
assessor and the department of revenue. Within fifteen days after a request for such a
list, the county assessor and the department of revenue shall furnish to the agency or
political subdivision a written list stating the name and address of each owner in the
areas specified in subsection B of this section.

D. Before a political subdivision makes a final decision on a possible permanent
site for a facility specified in subsection A of this section, the political subdivision
shall hold a public hearing in the general vicinity of the proposed permanent site, at
which interested persons may appear and present their views. The political subdivision
shall give notice of the hearing, to include all of the following:

1. Publication of notice in a daily or weekly newspaper of general circulation in
the area of the proposed permanent site published once each week, beginning at least two
weeks before the hearing.

2. Mailed notice as provided in subsection B of this section sent at least two
weeks before the hearing.

3. Posted notice as provided in subsection B of this section that shall include
information on the time and location of the public hearing and a list of those permits
that are required in order to operate that proposed solid waste facility.

4. Mailed notice at least two weeks before the hearing to the governing body of any
city, town or unincorporated portion of a county that is located within a one-mile radius
of the outer boundaries of the proposed solid waste landfill.

E. Any agency or political subdivision that is holding a hearing that may result in
the approval of or a permit for the siting of a solid waste landfill shall mail notice at
least two weeks before the hearing to the governing body of any city, town or
unincorporated portion of a county that is located within a one-mile radius of the outer
boundaries of the proposed solid waste landfill.

F. A site for a solid waste facility that has obtained zoning approval pursuant to
title 9, chapter 4, article 6.1 or title 11, chapter 6, article 2, is exempt from this
section. This subsection shall not apply to agencies and political subdivisions of the
state.