(A) Certificate of need.
(1) All persons who operate facilities to handle, treat, transfer, store, or dispose of hazardous or low-level radioactive waste in the county, other than on-site storage and/or treatment at the point of generation, must provide the Hazardous and/or Low- Level Radioactive Waste Board or its designee a certificate of need for each shipment of waste. This certificate must detail the generator’s effort to reuse, recycle, reduce in volume, detoxify, neutralize, incinerate, or appropriately dispose of the waste at the point of generation, or subsequent efforts at some other waste management facility, before shipment to the county or within the county to such facilities. Such persons must also specify how treatment, handling, or disposal in the county employs best available technology for the disposal of such waste. The certificate must also include information regarding the condition and contents of the shipment, and proper visible labelling of acute hazardous wastes on the vehicle, before the shipment enters the county. This certificate must be on file with the county and a reply from the Hazardous and/or Low-Level Radioactive Waste Board or its designee must be received by the facility operator before the shipment may enter the county. If, upon recommendation of its designee, the Hazardous and/or Low-Level Radioactive Waste Board finds by majority vote that the shipment of waste does not conform to the waste management practices for which the county facility is permitted, the Hazardous and/or Low-Level Radioactive Waste Board is empowered to deny the shipment admittance to the facility. The facility operator may request a hearing before the County Commissioners to challenge the Hazardous and/or Low-Level Radioactive Waste Board’s decision. The County Commissioners shall schedule a public hearing within ten days to hear such challenge. The facility operator shall have the burden of proof in any such hearing.
(2) All incoming waste must be stored on the facility site, in an area utilizing best management practices for the proper storage of such wastes, for four days while laboratory analysis as described in § 51.60(B)(4) is being performed. No waste may be otherwise handled, treated, or disposed of on-site until the laboratory analysis is complete and the chemist verifies in writing to the site manager that the shipment may be processed.
(B) Management practices orders.
(1) The Hazardous and/or Low-Level Radioactive Waste Board as described in § 51.04 above, shall keep abreast of developments in waste management technology and developing management practices. If the Hazardous and/or Low-Level Radioactive Waste Board discovers a new management practice, not currently in use at facilities within the county covered by this chapter, which could be employed to recycle, reuse, neutralize, detoxify, incinerate, or reduce the volume of hazardous or low- level radioactive waste generated, stored, disposed, or transferred in the county, it shall prepare a report to that effect. It shall include in the report a summary of the benefits and costs of the practice, the wastes affected by the practice, and a proposal for implementing it at facilities within the county. It shall then submit the report to all affected facility operators within the county. The facility shall reply in writing to the Hazardous and/or Low-Level Radioactive Waste Board within 45 days, specifying plans to implement the practice, or reasons why the facility operator(s) believe(s) the practice should not be implemented.
(2) If after the exchange of reports, the Hazardous and/or Low-Level Radioactive Waste Board, by majority vote, finds that the practice should be implemented at facilities in the county, it shall prepare a report and order to that effect and submit them to the Board of Commissioners. The Board of Commissioners shall approve and publish the order, which shall be effective as an amendment to the permit(s). The facility operator(s) may appeal the order within 30 days, by so requesting in writing to the County Commissioners. The Commissioners shall announce a public hearing within 30 days thereafter at which the Hazardous and/or Low-Level Radioactive Waste Board and the facility operator(s) shall present their cases, and at which the facility operator(s) shall be assigned the burden of proof. The County Commissioners shall then either reaffirm the order or remit the matter to the Hazardous and/or Low-Level Radioactive Waste Board for further study.
(C) Other duties. The County Commissioners shall direct responsible officials of the county to undertake such other duties as may be required by this or other sections of this chapter.
(1996 Code, § 51.61) (Ord. passed 10-5-1987)