68-211-704 - Time limit for determination Criteria considered. - Tennessee Statutes

68-211-704. Time limit for determination Criteria considered.

(a)  Within thirty (30) days after notice and an opportunity for a public hearing as provided in § 68-211-703, the county legislative body, the municipal governing body or both such entities shall approve or disapprove the proposed new construction for solid waste disposal by landfilling or solid waste processing by landfilling.

(b)  The following criteria shall be considered in evaluating such construction:

     (1)  The type of waste to be disposed of at the landfill;

     (2)  The method of disposal to be used at the landfill;

     (3)  The projected impact on surrounding areas from noise and odor created by the proposed landfill;

     (4)  The projected impact on property values on surrounding areas created by the proposed landfill;

     (5)  The adequacy of existing roads and bridges to carry the increased traffic projected to result from the proposed landfill;

     (6)  The economic impact on the county, city or both;

     (7)  The compatibility with existing development or zoning plans; and

     (8)  Any other factor which may affect the public health, safety or welfare.

(c)  Judicial review of the legislative body's determination shall be a de novo review before the chancery court for the county in which the landfill is proposed to be located.

[Acts 1989, ch. 515, § 5; T.C.A., § 68-31-704.]