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

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

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

(2)  Achieve the solid waste volumes necessary to meeta 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 recoveryfacility in use or when the design for such a facility has begun, the directorshall not grant a permit for other solid waste disposal activities includinglandfills, for a term extending beyond the planned operational date for theresource recovery facility unless the other disposal activity is to be used forone or more of the following:

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

(2)  Disposal of solid waste which, because of itschemical or physical characteristics, is not suitable for processing at aresource recovery facility;

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

(4)  Provide for solid waste disposal for those areasnot served by a resource recovery facility as designated by the county agencyresponsible for the collection and disposal of solid waste. [L 1979, c 151, §3]

 

Revision Note

 

  Subsection (a) designation added.