(A) From and after December 23, 1988, no person shall construct or operate any sort of solid waste or hazardous waste disposal or storage facility, landfill, incinerator or dump in the county, except the present county sanitary landfill, without first obtaining a permit to engage in such activity from the County Commissioners and then maintaining such permit unrevoked under the laws, rules and regulations of the state and under such regulations as may be promulgated from time to time by the County Commissioners.
(B) In order to secure such permit, the applicant must satisfy all of the standards set by the laws, rules and regulations of the state to the satisfaction of the County Commissioners.
(C) In addition to the above standards the County Commissioners will consider the following matters in determining whether to issue the permit applied for:
(1) The effect on existing and potential uses of adjoining property;
(2) The effect on the general traffic flow in the area due to increased traffic flow;
(3) The beneficial effect of any increased employment or improved economic potential of the county;
(4) Whether the facility would be constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity;
(5) Whether the facility would be hazardous or disturbing to planned neighboring uses;
(6) Whether such facility would be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, water and sewage;
(7) Whether such facility would create excessive additional requirements at public cost;
(8) Whether such facility would involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odors or potential ground water contamination; and
(9) Whether such facility would constitute a danger to the health and welfare of the residents of the county.
(D) No permit shall be issued under this subchapter until the County Commissioners hold a public hearing on the application and all interested parties have an opportunity to be heard.
(E) A person who constructs or operates a solid waste or hazardous waste facility in the county without having obtained a permit as required herein or who fails to comply with all laws, rules and regulations in the operation of such a facility shall be in violation of this subchapter and the County Attorney shall immediately, upon notice of such violation, bring an action in the circuit court in the name of the County Commissioners for an injunction, abatement or any other appropriate action against such violator.
(BC Ord. 1988-7, passed 12-23-1988) Penalty, see § 50.99