A. Permit Required: As of the effective date hereof, a permit is required for all new facilities where hazardous wastes will be handled prior to the construction of the facility.
B. Application for Permit; Procedures for Approval and Revocation:
1. An applicant for a hazardous waste permit shall first pay to the County a filing fee set by resolution of the Board of Lyon County Commissioners and in a sum sufficient to reimburse the County for all expenses which the County shall incur in processing the application.
2. The application shall:
a. Be in a form prepared by the Lyon County Zoning Administrator and the Lyon County Emergency Management Director and approved by the Board of Lyon County Commissioners.
b. Not be accepted for filing until it is complete, and all investigations which may be required are complete.
3. After the application is accepted for filing by the Lyon County Planning Department, the County shall proceed as follows:
a. If the hazardous waste permit is to be considered in conjunction with an application for a special use permit or variance of land use or a zoning change, the hazardous waste permit process must be completed before the special use permit/variance/ zoning change application is accepted for filing; provided, however, if the applicant wishes to proceed simultaneously with the hazardous waste permit application and the land use application, the County will accept both applications for filing if the applicant formally waives, in writing, the provisions of NRS 278.315(2) or any other applicable statute, rule or regulation limiting the period of time within which the County may consider and process the land use application.
b. The application shall be placed on the agenda of the next available meeting of the Lyon County Planning Commission for consideration and adoption of a recommendation to the Board of Lyon County Commissioners.
If, in the discretion of the Planning Commission or at the request of the Board of Lyon County Commissioners, it shall appear that the Lyon County Planning Commission should hold a hearing in the area of the County which would be most affected by the hazardous waste permit, the Planning Commission is authorized hereby to hold such a hearing.
c. The application, together with the recommendation of the Lyon County Planning Commission, shall be forwarded to the Board of Lyon County Commissioners for public hearing and decision.
d. The Board of Lyon County Commissioners may approve the hazardous waste permit application as requested, with modifications or conditions, or may deny the application. Since it is the intention of Lyon County that hazardous wastes be regulated as a "pervasively regulated industry", denial of a permit application may be based upon any reasonable finding of the County that issuance of the permit would not be in the best interests of the County or any of the residents thereof for reasons of health, safety, general welfare or any other similar good and sufficient reason.
e. Any hazardous waste permit issued pursuant to this Chapter shall be subject to continuing review and may be terminated at any time if the permit holder fails to comply with the terms of this Chapter and/or any special conditions or modifications. In addition to continuing review, every hazardous waste permit shall be subject to automatic annual review to determine if the permit should be continued, modified or revoked. No person or entity issued a permit hereunder shall acquire any property right or other right to renewal or continuation of the permit. Nonuse of a permit for six (6) months shall result in automatic revocation.
If, in the opinion of the Lyon County Zoning Administrator, the office of the District Attorney, the Board of Lyon County Commissioners or the Lyon County Emergency Management Director, any hazardous waste permit should be revoked pursuant to this Chapter, Lyon County shall so notify the permit holder by legal notice setting forth the basis for the requested revocation together with notification of the date for a revocation hearing before the Board of Lyon County Commissioners.
At the conclusion of the public hearing on revocation, the Board of County Commissioners may revoke the hazardous waste permit, reinstate the hazardous waste permit, with additional conditions or modifications, or reinstate the permit without additional conditions or modifications.
C. Investigation Costs: All applicants for hazardous wastes permits shall deposit, in advance, in addition to the application fee, all estimated costs of processing the application including any travel costs or other expenses necessary in the County's sole discretion to reasonably investigate the applicant or the proposed operation.
D. Nontransferability of Permit; Expiration: If a handler changes its operations and begins the use of a new hazardous waste or if a new handler of hazardous wastes occupies a facility where another handler formerly operated, then that handler is required to apply for a permit.
Every permit granted hereunder expires automatically with any majority change of ownership or significant change in management of the hazardous wastes handler entity. (Ord. 328, 4-6-89)