§ 23-18.9-9 Application, approval and feesfor licenses. – (a) Any person who desires to construct and/or operate a solid waste managementfacility or expand an existing facility shall apply to the director for alllicenses and/or permits to do so; provided, however, that the application shallstate all licenses and/or permits for which application is made. Any person whodesires to construct and/or operate a private solid waste disposal facilityshall submit to the director simultaneously with the application a certificateof final determination from the municipality in which it is proposed to sitethe facility that the site conforms with all applicable local land use andcontrol ordinances or on appeal a final judgment of a court that the proposedsite for the facility conforms with all applicable land use and controlordinances of the municipality. The applicant shall also submit simultaneouslywith the application a certificate of approval of the proposed site issued bythe state planning council, except for statutorily mandated facilities. Thecouncil shall only approve a site after evaluation of alternative sites andassessment of comparative environmental impact at the sites in accordance withlaw and state planning council rules, and in the absence of these, the councilshall promulgate rules for the evaluation and/or assessment, and distributionof location of sites for waste facilities among the regions of this state. Thecouncil shall not issue its certificate prior to the publication of publicnotice and the expiration of the public comment period regarding the proposedsite. The director shall review and decide all applications.
(2) Notwithstanding the provisions of § 42-35-14 to thecontrary, the director shall immediately review the application and shall givepublic notice of the intention to issue a draft license or the intention todeny the application.
(ii) The draft license and/or tentative denial, including allsupporting documentation, shall be made available for public comment.
(3) Within fifteen (15) days of the date of the public noticeto issue the draft license, the director shall hold an informational workshop.The purpose of the informational workshop shall be to discuss the type offacility or activity which is the subject of the draft license; the type andquantity of wastes, which are proposed to be managed, processed and/ordisposed; a brief summary for the basis for the draft license; conditions,including references to applicable statutory or regulatory provisions; reasonswhy any requested variances or alternatives to required standards do or do notappear justified; a description of the procedures for reaching a final decisionon the draft license, which shall include the beginning and ending dates forthe comment period hereafter, the address where comments will be received,procedures for requesting a hearing and the nature of that hearing, any otherprocedures by which the public may participate in the final decision; and thename and telephone number of a person to contact for further information.
(4) No earlier than sixty (60) days nor later thanseventy-five (75) days following the initial public notice of the issuance ofthe draft license or tentative denial, a hearing shall be held for publiccomment. Comments from the applicant and/or any interested persons shall berecorded at the public hearing. Written comments, which shall be consideredpart of the record, may be submitted for thirty (30) days following the closeof the public comment hearing.
(5) Within ninety (90) days of the close of the publiccomment period, the director shall issue the license or the final denial. Thelicense or the final denial shall be in writing and shall include a response toeach substantive public comment. In the event that the director shall fail toissue the license or final denial within the ninety (90) day period, then theapplicant may petition the superior court to issue its writ of mandamusordering the director or some suitable person to immediately issue the licenseor denial. Any person refusing to obey the writ of mandamus shall be subject topenalties for contempt of court. The writ of mandamus shall be the exclusiveremedy for failure of the director to comply under this section.
(6) The applicant and/or any person who provided substantivecomment at any time during the public comment period may appeal the decision ofthe director; provided, however, any person who shall demonstrate good causefor failure to so participate and demonstrate that his or her interests shallbe substantially impacted if prohibited from appearance in the appeal, may inthe discretion of the hearing officer be permitted to participate in the appealprocess.
(7) The appeal shall be limited to those issues raised by theparties; provided, however, that upon good cause shown, the director shallallow additional issues to be raised.
(8) All appeals shall be pursuant to the rules andregulations established by the director and the rules and regulationsestablished by the administrative adjudication division of the department ofenvironmental management; provided, however, that all appeals shall containprecise statements of the issues presented on appeal and the specific part orparts of the decision of the director that are challenged.
(9) All appeals shall be heard before administrativeadjudication hearing officers. All hearings shall be evidentiary hearings. Allwitnesses shall testify under oath and shall be subject to cross-examination.
(10) The hearing officer shall determine and apportion to theapplicant the actual costs of the appeal process, exclusive of attorneys' fees.These costs shall not be considered administrative penalties.
(b) The director shall publish a schedule of fees to be paidto file an application for a license. These fees shall be reasonable and shallaccount for the size and complexity of the proposed project and any othercriteria as the director may determine; provided, however, that no applicationfee shall exceed one hundred thousand dollars ($100,000).
(c) Licenses shall expire three (3) years from the date ofissuance unless sooner suspended or revoked. The provisions in this section forissuance of a license shall not apply to the renewal of a license and anyfacility shall be relicensed if it meets the criteria in effect when thefacility was licensed; provided, however, that any renewal application whichsubstantially deviates from the use or purpose of the license shall be subjectto the provisions of this chapter and further provided that any facility shallbe relicensed if it meets the criteria in effect when the facility waslicensed. The director is authorized to promulgate by regulation procedures forlicense renewals. The director shall publish a schedule of fees to be paid torenew a license. These fees shall be reasonable and shall account for the sizeand complexity of the project, and costs incurred to monitor the project, andany other criteria that the director may determine; provided, however, that norenewal license fees shall exceed one hundred thousand dollars ($100,000). Alllicensed solid waste disposal facilities shall be deemed to comply with alllocal ordinances.
(d) All application fees and license fees shall be directedto the department of environmental management and shall be held in a separateaccount and appropriated for review of applications, renewals of, andcompliance with, licenses.
(e) Notwithstanding the provisions of this section or anyother provision of law to the contrary, cities and towns which own and operatelandfills shall be exempt from any application fees relative to applications itfiles to expand its existing landfill.
§ 23-18.9-9 Application, approval and feesfor licenses. – (a) Any person who desires to construct and/or operate a solid waste managementfacility or expand an existing facility shall apply to the director for alllicenses and/or permits to do so; provided, however, that the application shallstate all licenses and/or permits for which application is made. Any person whodesires to construct and/or operate a private solid waste disposal facilityshall submit to the director simultaneously with the application a certificateof final determination from the municipality in which it is proposed to sitethe facility that the site conforms with all applicable local land use andcontrol ordinances or on appeal a final judgment of a court that the proposedsite for the facility conforms with all applicable land use and controlordinances of the municipality. The applicant shall also submit simultaneouslywith the application a certificate of approval of the proposed site issued bythe state planning council, except for statutorily mandated facilities. Thecouncil shall only approve a site after evaluation of alternative sites andassessment of comparative environmental impact at the sites in accordance withlaw and state planning council rules, and in the absence of these, the councilshall promulgate rules for the evaluation and/or assessment, and distributionof location of sites for waste facilities among the regions of this state. Thecouncil shall not issue its certificate prior to the publication of publicnotice and the expiration of the public comment period regarding the proposedsite. The director shall review and decide all applications.
(2) Notwithstanding the provisions of § 42-35-14 to thecontrary, the director shall immediately review the application and shall givepublic notice of the intention to issue a draft license or the intention todeny the application.
(ii) The draft license and/or tentative denial, including allsupporting documentation, shall be made available for public comment.
(3) Within fifteen (15) days of the date of the public noticeto issue the draft license, the director shall hold an informational workshop.The purpose of the informational workshop shall be to discuss the type offacility or activity which is the subject of the draft license; the type andquantity of wastes, which are proposed to be managed, processed and/ordisposed; a brief summary for the basis for the draft license; conditions,including references to applicable statutory or regulatory provisions; reasonswhy any requested variances or alternatives to required standards do or do notappear justified; a description of the procedures for reaching a final decisionon the draft license, which shall include the beginning and ending dates forthe comment period hereafter, the address where comments will be received,procedures for requesting a hearing and the nature of that hearing, any otherprocedures by which the public may participate in the final decision; and thename and telephone number of a person to contact for further information.
(4) No earlier than sixty (60) days nor later thanseventy-five (75) days following the initial public notice of the issuance ofthe draft license or tentative denial, a hearing shall be held for publiccomment. Comments from the applicant and/or any interested persons shall berecorded at the public hearing. Written comments, which shall be consideredpart of the record, may be submitted for thirty (30) days following the closeof the public comment hearing.
(5) Within ninety (90) days of the close of the publiccomment period, the director shall issue the license or the final denial. Thelicense or the final denial shall be in writing and shall include a response toeach substantive public comment. In the event that the director shall fail toissue the license or final denial within the ninety (90) day period, then theapplicant may petition the superior court to issue its writ of mandamusordering the director or some suitable person to immediately issue the licenseor denial. Any person refusing to obey the writ of mandamus shall be subject topenalties for contempt of court. The writ of mandamus shall be the exclusiveremedy for failure of the director to comply under this section.
(6) The applicant and/or any person who provided substantivecomment at any time during the public comment period may appeal the decision ofthe director; provided, however, any person who shall demonstrate good causefor failure to so participate and demonstrate that his or her interests shallbe substantially impacted if prohibited from appearance in the appeal, may inthe discretion of the hearing officer be permitted to participate in the appealprocess.
(7) The appeal shall be limited to those issues raised by theparties; provided, however, that upon good cause shown, the director shallallow additional issues to be raised.
(8) All appeals shall be pursuant to the rules andregulations established by the director and the rules and regulationsestablished by the administrative adjudication division of the department ofenvironmental management; provided, however, that all appeals shall containprecise statements of the issues presented on appeal and the specific part orparts of the decision of the director that are challenged.
(9) All appeals shall be heard before administrativeadjudication hearing officers. All hearings shall be evidentiary hearings. Allwitnesses shall testify under oath and shall be subject to cross-examination.
(10) The hearing officer shall determine and apportion to theapplicant the actual costs of the appeal process, exclusive of attorneys' fees.These costs shall not be considered administrative penalties.
(b) The director shall publish a schedule of fees to be paidto file an application for a license. These fees shall be reasonable and shallaccount for the size and complexity of the proposed project and any othercriteria as the director may determine; provided, however, that no applicationfee shall exceed one hundred thousand dollars ($100,000).
(c) Licenses shall expire three (3) years from the date ofissuance unless sooner suspended or revoked. The provisions in this section forissuance of a license shall not apply to the renewal of a license and anyfacility shall be relicensed if it meets the criteria in effect when thefacility was licensed; provided, however, that any renewal application whichsubstantially deviates from the use or purpose of the license shall be subjectto the provisions of this chapter and further provided that any facility shallbe relicensed if it meets the criteria in effect when the facility waslicensed. The director is authorized to promulgate by regulation procedures forlicense renewals. The director shall publish a schedule of fees to be paid torenew a license. These fees shall be reasonable and shall account for the sizeand complexity of the project, and costs incurred to monitor the project, andany other criteria that the director may determine; provided, however, that norenewal license fees shall exceed one hundred thousand dollars ($100,000). Alllicensed solid waste disposal facilities shall be deemed to comply with alllocal ordinances.
(d) All application fees and license fees shall be directedto the department of environmental management and shall be held in a separateaccount and appropriated for review of applications, renewals of, andcompliance with, licenses.
(e) Notwithstanding the provisions of this section or anyother provision of law to the contrary, cities and towns which own and operatelandfills shall be exempt from any application fees relative to applications itfiles to expand its existing landfill.
§ 23-18.9-9 Application, approval and feesfor licenses. – (a) Any person who desires to construct and/or operate a solid waste managementfacility or expand an existing facility shall apply to the director for alllicenses and/or permits to do so; provided, however, that the application shallstate all licenses and/or permits for which application is made. Any person whodesires to construct and/or operate a private solid waste disposal facilityshall submit to the director simultaneously with the application a certificateof final determination from the municipality in which it is proposed to sitethe facility that the site conforms with all applicable local land use andcontrol ordinances or on appeal a final judgment of a court that the proposedsite for the facility conforms with all applicable land use and controlordinances of the municipality. The applicant shall also submit simultaneouslywith the application a certificate of approval of the proposed site issued bythe state planning council, except for statutorily mandated facilities. Thecouncil shall only approve a site after evaluation of alternative sites andassessment of comparative environmental impact at the sites in accordance withlaw and state planning council rules, and in the absence of these, the councilshall promulgate rules for the evaluation and/or assessment, and distributionof location of sites for waste facilities among the regions of this state. Thecouncil shall not issue its certificate prior to the publication of publicnotice and the expiration of the public comment period regarding the proposedsite. The director shall review and decide all applications.
(2) Notwithstanding the provisions of § 42-35-14 to thecontrary, the director shall immediately review the application and shall givepublic notice of the intention to issue a draft license or the intention todeny the application.
(ii) The draft license and/or tentative denial, including allsupporting documentation, shall be made available for public comment.
(3) Within fifteen (15) days of the date of the public noticeto issue the draft license, the director shall hold an informational workshop.The purpose of the informational workshop shall be to discuss the type offacility or activity which is the subject of the draft license; the type andquantity of wastes, which are proposed to be managed, processed and/ordisposed; a brief summary for the basis for the draft license; conditions,including references to applicable statutory or regulatory provisions; reasonswhy any requested variances or alternatives to required standards do or do notappear justified; a description of the procedures for reaching a final decisionon the draft license, which shall include the beginning and ending dates forthe comment period hereafter, the address where comments will be received,procedures for requesting a hearing and the nature of that hearing, any otherprocedures by which the public may participate in the final decision; and thename and telephone number of a person to contact for further information.
(4) No earlier than sixty (60) days nor later thanseventy-five (75) days following the initial public notice of the issuance ofthe draft license or tentative denial, a hearing shall be held for publiccomment. Comments from the applicant and/or any interested persons shall berecorded at the public hearing. Written comments, which shall be consideredpart of the record, may be submitted for thirty (30) days following the closeof the public comment hearing.
(5) Within ninety (90) days of the close of the publiccomment period, the director shall issue the license or the final denial. Thelicense or the final denial shall be in writing and shall include a response toeach substantive public comment. In the event that the director shall fail toissue the license or final denial within the ninety (90) day period, then theapplicant may petition the superior court to issue its writ of mandamusordering the director or some suitable person to immediately issue the licenseor denial. Any person refusing to obey the writ of mandamus shall be subject topenalties for contempt of court. The writ of mandamus shall be the exclusiveremedy for failure of the director to comply under this section.
(6) The applicant and/or any person who provided substantivecomment at any time during the public comment period may appeal the decision ofthe director; provided, however, any person who shall demonstrate good causefor failure to so participate and demonstrate that his or her interests shallbe substantially impacted if prohibited from appearance in the appeal, may inthe discretion of the hearing officer be permitted to participate in the appealprocess.
(7) The appeal shall be limited to those issues raised by theparties; provided, however, that upon good cause shown, the director shallallow additional issues to be raised.
(8) All appeals shall be pursuant to the rules andregulations established by the director and the rules and regulationsestablished by the administrative adjudication division of the department ofenvironmental management; provided, however, that all appeals shall containprecise statements of the issues presented on appeal and the specific part orparts of the decision of the director that are challenged.
(9) All appeals shall be heard before administrativeadjudication hearing officers. All hearings shall be evidentiary hearings. Allwitnesses shall testify under oath and shall be subject to cross-examination.
(10) The hearing officer shall determine and apportion to theapplicant the actual costs of the appeal process, exclusive of attorneys' fees.These costs shall not be considered administrative penalties.
(b) The director shall publish a schedule of fees to be paidto file an application for a license. These fees shall be reasonable and shallaccount for the size and complexity of the proposed project and any othercriteria as the director may determine; provided, however, that no applicationfee shall exceed one hundred thousand dollars ($100,000).
(c) Licenses shall expire three (3) years from the date ofissuance unless sooner suspended or revoked. The provisions in this section forissuance of a license shall not apply to the renewal of a license and anyfacility shall be relicensed if it meets the criteria in effect when thefacility was licensed; provided, however, that any renewal application whichsubstantially deviates from the use or purpose of the license shall be subjectto the provisions of this chapter and further provided that any facility shallbe relicensed if it meets the criteria in effect when the facility waslicensed. The director is authorized to promulgate by regulation procedures forlicense renewals. The director shall publish a schedule of fees to be paid torenew a license. These fees shall be reasonable and shall account for the sizeand complexity of the project, and costs incurred to monitor the project, andany other criteria that the director may determine; provided, however, that norenewal license fees shall exceed one hundred thousand dollars ($100,000). Alllicensed solid waste disposal facilities shall be deemed to comply with alllocal ordinances.
(d) All application fees and license fees shall be directedto the department of environmental management and shall be held in a separateaccount and appropriated for review of applications, renewals of, andcompliance with, licenses.
(e) Notwithstanding the provisions of this section or anyother provision of law to the contrary, cities and towns which own and operatelandfills shall be exempt from any application fees relative to applications itfiles to expand its existing landfill.
