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17-18-35 - Designated site local advisory committee; membership; powers; one-time local application fee for permit to operate facility.

§ 17-18-35. Designated site local advisory committee; membership; powers; one-time local application fee for permit to operate facility.
 

(1)  Upon site designation for the state commercial hazardous waste management facility, the governing body of the local governmental unit wherein the site is designated may appoint a designated site local advisory committee. The advisory committee shall consist of seven (7) members representing insofar as possible local government, environmental, health, engineering, business and industry, agricultural, academic, public interest and emergency response groups. If the designated site is in a municipality, the governing body of the county in which the municipality is located may appoint two (2) of the seven (7) members of the advisory committee. The advisory committee shall elect a chairman, vice chairman and a secretary. Vacancies shall be filled by the governing body of the local governmental unit using the same criteria employed in the original appointments. The governing body of the local governmental unit shall provide the advisory committee with the necessary support staff. 

(2)  The designated site local advisory committee may: 

(a) Study the costs and benefits associated with the state commercial hazardous waste management facility; 

(b) Review all permit and license applications and related documents concerning the proposed facility; 

(c) Hire program and technical consultants to assist in the review process; 

(d) Assess the potential local environmental and socioeconomic impacts of the proposed facility; 

(e) Promote public education, information and participation in the permitting process; 

(f) Develop and propose agreements between the department, the state commercial hazardous waste management facility operator, local governments and other persons; 

(g) Develop and present recommendations concerning permit conditions, operational requirements, compensation and incentives related to the proposed facility; 

(h) Hire a mediator to facilitate negotiations between the department and the governing body of the local governmental unit; 

(i) Reimburse the advisory committee members for reasonable and necessary expenses. 

(3)  An applicant for a permit to operate the state commercial hazardous waste management facility shall pay a one-time local application fee of One Hundred Thousand Dollars ($100,000.00). If the applicant is a private firm, the local application fee shall be paid to the department, which shall disburse the local application fee to the governing body of the local governmental unit. If the applicant is the department, the department shall pay and disburse the local application fee directly to the governing body of the local governmental unit. 
 

Sources: Laws,  1990, ch. 506, § 20, eff from and after passage (approved March 31, 1990).
 

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