Dumping and depositing of solid waste at the Pickles Butte site or any other site specifically approved by the board of county commissioners shall be limited to persons and companies who generate waste and reside in or whose principal place of business is within the boundaries of Canyon County, Idaho. This limitation is enacted in order to assure the continued availability of the Pickles Butte site to Canyon County users. An exemption to this prohibition may be granted by the administrator of solid waste department, in his discretion, up to five (5) cubic yards for each load. Exemptions in greater amounts may be granted by the board of county commissioners based upon clear and convincing evidence of fact: 1) that such waste was generated out of county by Canyon County residents, or 2) that the continued availability for the Pickles Butte site to Canyon County users will not be adversely affected by the acceptance of out of county waste, or 3) the county has entered into a contract with another governmental entity evidencing a factual basis for the above 1) or 2) factors. Conditions may be attached to the grant of an exemption as are believed by the board of county commissioners to be reasonably related to the health, safety, and welfare of Canyon County residents. If the board denies an application for an exemption, the unsuccessful applicant must file for a reconsideration of the denial and request a reconsideration hearing within five (5) days of the denial of their application. The reconsideration hearing before the board shall be conducted in accordance with Idaho Code, sections 67-5210, 67-5211 and 67-5212, as may be amended from time to time. The failure to timely request a reconsideration hearing shall mean the applicant forfeits his right to a reconsideration hearing. Said hearing shall be held within ten (10) days of the date the request for hearing is filed with the board. Any appeal of the board's decision shall be made to district court and shall be subject to procedures set forth at IRCP 83(C), 83(K), and 83(U). Such an appeal is to be heard as an appellate proceeding and shall not involve a trial de novo. (Ord. 93-001, 1-26-1993, eff. 2-1-1993)