TITLE 39

HEALTH AND SAFETY

CHAPTER 44

HAZARDOUS WASTE MANAGEMENT

39-4438.  duties of site review panel. (1) The panel’s primary responsibility shall be to consider the concerns and objections submitted by the public. The panel shall facilitate efforts to provide that the concerns and objections are mitigated by proposing additional conditions for licensure to the director. Such conditions may, among other objectives:

(a)  Integrate the provisions of the city or county ordinances, permits, or requirements; and

(b)  Include measures to mitigate public concerns for:

(i)   The establishment or major modification of a hazardous waste facility; and

(ii)  On-site disposal of wastes listed in section 201(d)(2) and (e) as modified by section 209 of the hazardous and solid waste amendments of 1984.

(2)  Within thirty (30) days of the panel’s official establishment, the panel shall conduct its first meeting where it shall:

(a)  Establish a timetable for the review of an application, public participation in the process, and submission of a recommendation to the director; and

(b)  Set a date for a public hearing. Notice of the hearing shall be published at least thirty (30) days before such hearing. Such notice shall be published in a newspaper of general circulation in the county and immediate vicinity of the facility or proposed facility. The notice shall include:

(i)   A map indicating the location or proposed location of the hazardous waste facility;

(ii)  A description of the proposed action;

(iii) Information regarding the time, place, and location of the public hearing;

(iv)  Information on how to submit public comment; and

(v)   The location where the complete application package may be reviewed.

(3)  The panel shall accept written comment for at least thirty (30) days prior to the public hearing and shall continue to accept written comment for fifteen (15) days after the public hearing date. Oral comment shall be provided for by the panel at the public hearing.

(4)  When reviewing an application, the panel shall, among other things, consider:

(a)  The risk and impact of accident during the transportation of hazardous waste;

(b)  The risk of fires or explosions from improper treatment, storage, or disposal methods;

(c)  The impact on local units of government in terms of health, safety, and cost;

(d)  Whether the application is consistent with local planning and existing development;

(e)  City and county ordinances, permits, or other requirements and their potential relationship to the proposed hazardous waste facility;

(f)  The nature of the probable environmental impact;

(g)  What conditions, if any, would eliminate or mitigate concerns, risks, and impacts;

(h)  The director’s preliminary recommendation and associated conditions, if any such conditions are provided; and

(i)  The public comment received.

(5)  Within thirty (30) days of the end of the public comment period, the panel shall submit its recommendation to the director. The panel shall recommend that the application be approved and the license be issued or that the application and license be denied.

(a)  If the panel recommends approval, it shall include recommended conditions, which may be the same as, different than, or in addition to the preliminary conditions submitted by the director. If such conditions are different or additional conditions, the panel shall provide a statement explaining the need for the condition.

(b)  If the panel recommends denial, the panel shall provide a statement explaining the reasons for its recommended denial.

History:

[39-4438, added 2026, ch. 89, sec. 14, p. 474.]