(A) Disposal request.
(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 county or its designee a written disposal request for each waste type by generator and receive approval of the same for all wastes proposed to be brought to the site. Such approval shall be valid for a period of time stated therein, not exceeding 30 days. This request must detail the generator’s efforts 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 request must also include information regarding the condition and contents of the shipment, and assurance of proper visible labeling of acute hazardous wastes, on the vehicle, before the shipment enters the county.
(2) The following information shall also be submitted in writing with each disposal request:
(a) Name, location, and business of the waste generator and contact person at the generator;
(b) Process in which waste was generated and marketable products arising from that process;
(c) Volume, chemical, and physical nature of waste;
(d) Manner in which waste is packaged for shipment; and
(e) Proposed treatment and disposal procedure.
(3) The disposal request shall contain written confirmation of divisions (A)(2)(a) through (A)(2)(d) above from the waste generator. A separate request must be made for each waste type by generator. The county will submit a written response to the applicant no later than 30 days following receipt of a request, however, a request is not complete until the county has received all information necessary to arrive at an informed decision. The facility operator may request a hearing before the Board of Commissioners to challenge the decision of the county. The Board of 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. No waste shall be received by any facility in the county until approval, as above set forth, has been received.
(4) All incoming waste must be stored on the facility site, in an area utilizing best management practices for the proper storage of such wastes, while laboratory analysis is being performed until such analysis is completed. The Health Department may hire or designate a consultant, who may be a chemist or radiation specialist, qualified to sample wastes at the gate to the facility and to visually inspect the truck, the manifest forms, and a copy of the disposal request and its approval and the condition of the waste and its containers before the waste enters the facility. No waste may be otherwise handled, treated, or disposed of on-site until the laboratory analysis is complete and the consultant verifies in writing to the site manager that the shipment may be processed.
(B) Management practices orders.
(1) The Advisory Board as described in division (A) above, shall keep abreast of developments in waste management technology and developing management practices. If the Advisory Board discovers a new management practice not currently in use at facilities within the county covered by this subchapter, 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 operator(s) shall reply in writing to the Advisory 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 Advisory Board finds that the practice should be implemented at facilities in the county, it shall prepare a report and proposed order to that effect and submit them to the Board of Commissioners. Copies of any such report and proposed order shall simultaneously be forwarded to each facility operator within the county. Unless written objections thereto are filed with the Board of Commissioners within 30 days from the date such reports and proposed orders were forwarded to the operators, the Board of Commissioners may approve and issue such order in the proposed order or in some other form. Upon receipt of written objections, timely filed, the Board of Commissioners shall schedule and hold a public hearing within 30 days of expiration of time for filing objections. Notice of said hearing shall be as set forth in § 91.06(G). At said hearing, the Advisory Board and the facility operators objecting shall present their cases, and the facility operators shall be assigned the burden of proof. The Board of Commissioners, after said hearing, may approve and issue the proposed order, modify and issue the proposed order, deny issuance of the proposed order, or remit the matter to the Advisory Board for further study.
(C) Other duties. The Board of Commissioners shall direct responsible officials of the county to undertake such other duties as may be required by this or other sections of this subchapter.
(Ord. passed 6-4-1984) Penalty, see § 91.99