§340A-3  Disposal of solid waste.  (a) 
The county agency responsible for the collection and disposal of solid waste
may require that all solid waste transported by the county agency, collectors,
businesses or individuals be disposed of at facilities or in areas designated
by the county agency if it is found to be in the best public interest; provided
that agricultural solid waste and source separated waste transported for
recycling purposes shall not be subject to the provisions of this section; and
provided further that if regional transfer stations are designated,
transportation to the stations shall be considered so as to minimize the
operating costs of the collector.



The best public interest shall be found if
disposal at the designated facilities or areas will:



(1)  Result in reusable materials being recovered from
solid waste; or



(2)  Achieve the solid waste volumes necessary to meet
a resource recovery facility’s minimum operating requirements; or



(3)  Lessen the demand for landfill sites; or



(4)  Conserve natural resources.



(b)  For a county that has a resource recovery
facility in use or when the design for such a facility has begun, the director
shall not grant a permit for other solid waste disposal activities including
landfills, for a term extending beyond the planned operational date for the
resource recovery facility unless the other disposal activity is to be used for
one or more of the following:



(1)  Disposal of ash or residue from a resource
recovery facility;



(2)  Disposal of solid waste which, because of its
chemical or physical characteristics, is not suitable for processing at a
resource recovery facility;



(3)  Provide an emergency backup or overflow capacity
for a resource recovery facility;



(4)  Provide for solid waste disposal for those areas
not served by a resource recovery facility as designated by the county agency
responsible for the collection and disposal of solid waste. [L 1979, c 151, §3]



 



Revision Note



 



  Subsection (a) designation added.