No person shall operate a solid waste disposal system component without a permit, properly issued by the board of county commissioners. This requirement shall not apply to a municipal corporation operating a disposal system for its residents or businesses, wholly within its own corporate limits or to a tribal entity operating a disposal system, for its residents or businesses, wholly within the boundary of the reservation.
No person shall collect solid waste for hire within the unincorporated areas of the county unless said person first obtains a franchise (by way of permit or contract) from the board of county commissioners permitting said collection of solid waste. The board of county commissioners shall designate on any franchise granted for the operation of a solid waste collection service within the nonincorporated areas of the county whether or not said franchise is to be exclusive.
Permits may be granted for operation of waste disposal system components upon compliance with the procedural standards set forth in this chapter and its attendant rules and upon compliance with applicable rules for disposal sites and practices adopted by the board of commissioners and appropriate state and federal agencies. Permit applicants shall bear full responsibility for showing compliance with the standards applicable to their proposed operation of a solid waste disposal system component. Fees may be charged for permit issuance as established by resolution of the board of county commissioners.
No person shall dispose of solid waste within Benewah County at a location not approved for disposal by Benewah County and state and federal regulatory agencies unless a prior exemption has been granted in accordance with rules adopted by the board of county commissioners. To obtain a permit for operation of a disposal site, the applicant must show that it meets at least the following criteria:
That the site proposed complies with requirements of the Benewah County zoning ordinance and other applicable land use regulations of the county.
That the site has been reviewed and approved as an appropriate location for a solid waste disposal site by the Panhandle Health District and any state or federal agency with jurisdiction.
That an operations plan for use and closure of the site has been approved by the Panhandle Health District and any state or federal agency having jurisdiction.
That any private site operator has posted a performance bond to guarantee adequate financial resources to assure proper operation and closure of the site.
That operation and closure will comply with any regulations adopted by Benewah County regarding the operation of solid waste disposal sites.
That the operator has provided adequate safeguards to see that no hazardous wastes, as such are classified by county, state or federal regulations, are to be disposed of in the solid waste disposal site. (Ord. 2023-157, 10-23-2023)