Title 57 W. Va. C.S.R.

title-57Title 57 W. Va. C.S.R.Regulation

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Historical publisher filings: 1 final-file versions labelled Historical by the Secretary of State are included. They are earlier publisher editions, not verified current rules.

Commercial Hazardous Waste Management Facility Siting Board Commercial Hazardous Waste Management Facility Siting Board

Series 01 Commercial Hazardous Waste Management Facility Siting Board Certification Requirements

W. Va. Code R. § 57-1-1 General

1.1. Scope. -- This rule establishes the procedures for obtaining a Certificate of Site Approval prior to the construction of a commercial hazardous waste management facility. By no means does this rule permit the operation of a commercial hazardous waste management facility, it provides solely for the approval or rejection of the proposed location of a commercial hazardous waste management facility.

1.2. Authority. -- W. Va. Code '20-10-3(j).

1.3. Filing Date. -- May 19, 1994.

1.4. Effective Date. -- May 19, 1994.

W. Va. Code R. § 57-1-2 Definitions

2.1. "Board" means the Commercial Hazardous Waste Management Siting Board established pursuant to W. Va. Code '20-10-3.

2.2. "Commercial Hazardous Waste Management Facility" or "Commercial Facility" means any hazardous waste treatment, storage, or disposal facility, which accepts hazardous waste, as identified or listed by the Director of the Division of Environmental Protection under the "Hazardous Waste Management Regulations", 47 C.S.R. 35, generated by sources other than the owner or operator of the facility and shall not include an approved hazardous waste facility owned and operated by a person for the sole purpose of disposing of hazardous waste created by that person or such person or other persons on a cost-sharing or nonprofit basis.

2.3. "Construction" as used in these regulations, means:

2.3.1. For new commercial facilities, pursuant to W. Va. Code '20-10-3(c), the significant alteration (as determined by the Board) of a site to install, or the installation of permanent equipment or structures;

2.3.2. For existing commercial facilities, an alteration or expansion that increases the capacity of the facility to accept fifty percent (50%) more hazardous waste, or any change in design or process that results in a substantially different type of facility (e.g., disposal facility being converted to a storage facility).

2.3.3. Construction does not include preliminary engineering or site surveys, environmental studies, site acquisition, or acquisition of options to purchase and other similar activities normally incident thereto.

2.4. "Hazardous Waste Management Facility" means any facility including land and structures, appurtenances, improvements and equipment used for the treatment, storage or disposal of hazardous wastes, which accepts hazardous waste for storage, treatment or disposal. A facility may consist of one (1) or more treatment, storage or disposal operational units. For the purposes of these regulations, it does not include:

2.4.1. Facilities for the treatment, storage or disposal of hazardous wastes principally as fuels in an on-site production process; or

2.4.2. Facilities used exclusively for the pretreatment of wastes discharged directly to a publicly owned sewage treatment works.

2.5. "Person" means any individual, trust, firm, joint stock company, public, private or government corporation, partnership, association, state or federal agency, the United States government, this state or any other state, municipality, county commission, or any other political subdivision of a state or interstate body.

2.6. All other terms have the meaning prescribed in the "Hazardous Waste Management Regulations", 47 C.S.R. 35.

W. Va. Code R. § 57-1-3 Exclusions From the Commercial Hazardous Waste Management Facility Siting Board Regulations

3.1. A hazardous waste management facility, as defined in Section 2 of these regulations, is exempt from these regulations if:

3.1.1. It is owned and operated by a person solely for the treatment, storage, disposal, or recycling of hazardous waste generated by that person or that person and others on a cost- sharing, nonprofit basis;

3.1.2. The facility treats, stores, disposes, or recycles hazardous wastes used principally as fuels in an on-site production process; or

3.1.3. The facility is used exclusively for the pretreatment of wastes discharged directly to a publicly-owned sewage treatment works (POTW).

3.2. Upon receiving a written request from the owner or operator of a facility, the Board may allow, without going through the procedures of this rule, any changes in the facilities which are designed:

3.2.1. To prevent a threat to human health or the environment because of an emergency situation;

3.2.2. To comply with federal or state laws and regulations;

3.2.3. To result in demonstrably safer or environmentally more acceptable processes.

W. Va. Code R. § 57-1-4 Applying for Site Approval

4.1. Prior to submitting a siting application to the Board, the applicant for a commercial hazardous waste management facility shall file pre-siting notices, publish legal notices as prescribed in the West Virginia Code, 20-10A-3 and hold a public information hearing in the proposed host community. Then the referendum process will proceed. See the Siting Flow Chart (Appendix I) and Pre-Siting Notice (Appendix II) of this rule.

4.2. After the pre-siting procedure has been executed, and if the referendum indicates that a majority of the legal votes cast upon the question are in favor of the facility, any person wanting to construct or operate a commercial hazardous waste management facility must obtain an application outline from the Board. The Board will consider applications that do not explicitly follow the outline incomplete. See the Completeness Outline (Appendix III) of this rule.

4.3. Any person wanting to construct or operate a commercial hazardous waste management facility must submit to the Board, the information required under the "Hazardous Waste Management Regulations" (Sections 11.5.1.l through 11.5.1.m.) of 47 C.S.R. 35.

4.4. That person must indicate whether the application is new or revised.

4.5. That person must submit a descriptive history of any previous hazardous waste management activities in which the owner and/or operator was or is involved.

4.6. In addition to the information required under Section 4.3 and 4.5 of this rule, 47 C.S.R. 35, the applicant must also submit the following information:

4.6.1. A drawing of the commercial facility at a scale of one inch equal to not more than one hundred feet (1" = 100') showing the location, where applicable, of all past, present, and future hazardous waste treatment, storage, disposal, and recycling areas. Owners or operators of existing facilities must provide photographs of the facilities;

4.6.2. A 7.5 minute series USGS topographic map showing a distance of one thousand (1,000) feet around the commercial facility at a scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet). Contours must be shown on the map. The contour interval must be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility (ie. five foot contour intervals if relief is greater than twenty feet; or two foot contour intervals if relief is less than twenty feet). Owners and operators of commercial hazardous waste facilities located in mountainous areas should use larger contour intervals to adequately show topographic profiles of facilities. The map shall clearly show the following:

4.6.2.a. The map's scale and date;

4.6.2.b. The 100-year floodplain area;

4.6.2.c. Surface waters, including intermittent streams;

4.6.2.d. Surrounding land uses (e.g., residential, commercial, agricultural, recreational, schools, hospitals, institutions and other businesses);

4.6.2.e. A wind rose (i.e., prevailing wind speed and direction);

4.6.2.f. The orientation of the map (north arrow);

4.6.2.g. The legal boundaries of the commercial hazardous waste management facility site;

4.6.2.h. Access control (e.g., fences, gates);

4.6.2.i. Injection and withdrawal wells both on-site and off-site;

4.6.2.j. Buildings and treatment, storage, or disposal operations or other structures (e.g., recreation areas; runoff control systems; access and internal roads; storm, sanitary, and process sewage systems; loading and unloading areas; and fire control facilities);

4.6.2.k. Barriers for drainage or flood control; and

4.6.2.l. The location of operational units within the commercial hazardous waste management facility site, where hazardous waste is or will be treated, stored, or disposed (including equipment clean-up areas); and

4.6.3. A listing of all permits or construction approvals received or pending as required under Section 11.4.1.j of 47 C.S.R. 35;

4.6.4. The Standard Industrial Classification Codes (SIC) that reflect the types of hazardous waste generators to be served by the commercial facility;

4.6.5. A detailed written analysis along with supporting documentation that addresses the nature of the probable environmental and economic impacts of the commercial facility including, but not limited to the following:

4.6.5.a. The predictable adverse impacts on:

4.6.5.a.1. Wetlands;

4.6.5.a.2. Farmlands;

4.6.5.a.3. Surface water;

4.6.5.a.4. Groundwater;

4.6.5.a.5. Wildlife;

4.6.5.a.6. Endangered species;

4.6.5.a.7. Public health and safety;

4.6.5.a.8. Transportation networks;

4.6.5.a.9. Historic, cultural, and recreational areas;

4.6.5.a.10. Air quality; and

4.6.5.a.11. Counties or communities adjacent to the proposed host community; and

4.6.5.b. An evaluation of and a plan for measures that will mitigate those impacts. If there is a potential for adverse impacts beyond the host community, the Board shall notify the respective County Commission and publish a Class I-O legal advertisement identifying those impacts in a newspaper published in those counties.

4.6.6. The information required under Section 11.2.9 (exposure information) of 47 C.S.R. 35, except that this information is required of all commercial hazardous waste management facilities regardless of the type of management practice employed. The information shall include a quantitative assessment of the magnitude and nature of human exposure within a four (4) mile radius of the proposed facility. This assessment shall consider and discuss:

4.6.6.a. Chronic and acute exposure scenarios;

4.6.6.b. Carcinogenic, teratogenic, systemic or other health risks, as appropriate;

4.6.6.c. The above scenarios and risks in a quantitative manner, to the extent possible; and

4.6.6.d. Each pathway identified pursuant to Section 11.2.9.a.1 of 47 C.S.R. 35.

4.6.7. The nature of expected environmental benefits;

4.6.8. The nature of expected economic benefits likely to be derived from the commercial facility;

4.6.9. The activities to be conducted at the commercial facility;

4.6.10. A list of hazardous wastes (include EPA Hazardous Waste Codes) that will be received by the commercial facility; their respective annual volumes; and the type of treatment, storage, or disposal;

4.6.11. The latitude and longitude of the commercial facility; and

4.6.12. The names, addresses, and telephone numbers of the owner, operator, and principal shareholders of the facility.

4.7. The applicant shall submit twenty (20) copies of the completed application to the Board.

4.8. The following statement must precede required signatures.

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with measures designed to assure that qualified personnel gathered and evaluated the information submitted. Based upon my inquiry of those persons directly involved with the preparation of this application, the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false or misleading information, including the possibility of fine and imprisonment for knowing violations."

4.8.1. The application must be signed by the following person(s):

4.8.1.a. For a corporation, the "responsible corporate officer" as defined in Section 2 of 47 C.S.R. 35;

4.8.1.b. For a partnership or sole proprietorship, by a general partner or proprietor, respectively; or

4.8.1.c. For a municipality, State, federal, or other public agency, by either the principal executive officer, or ranking elected official.

4.9. On or before sixty (60) calendar days from the receipt of the application for Site Approval by the Board, the Board shall mail written notice to the applicant as to whether or not the application is complete. If the application is determined to be incomplete, the Board shall notify the applicant and assess the resubmittal fees pursuant to 47 C.S.R. 35A. When the application has been determined to be complete, the Board will notify the applicant and the County Commission of the intended host county and the County Commissions of all Counties within the 4 mile radius of the quantitative assessment required under Section 4.6.6 of these regulations. The County Commission of the host County shall, within thirty (30) calendar days of such notice, appoint two (2) ad hoc members to the Board to act upon the application. Note: When a commercial facility or proposed commercial facility is owned and operated by different persons, it is the operator's obligation to submit the application, but the owner must also sign the application.

W. Va. Code R. § 57-1-5 Determination of Completeness and Notification

5.1. Within thirty (30) calendar days after the Board's determination that the application is complete, the Board shall, at the expense of the applicant, do the following:

5.1.1. Publish in the State Register a notice of a public comment period and a public hearing and provide a copy of the application to the public library in the proposed host community (or the most proximate library) for public inspection;

5.1.1.a. The Board will hold the public hearing within sixty (60) calendar days of the Board's determination of the completeness of the application;

5.1.1.b. The public hearing shall be in the county in which the commercial facility is proposed to be located, and at a location convenient to a population center nearest to the proposed facility location;

5.1.1.c. An accurate record of the hearing, transcribed at the applicant's expense, shall be kept by the Board (i.e., cassette recording, stenographer);

5.1.1.d. The close of the hearing also ends the written comment period. No written comments received after the close of the hearing will be considered, except as provided under Section 5.1.1.e. of this rule;

5.1.1.e. The Board shall reopen the public comment period and schedule an additional public hearing if the Board finds it necessary for additional input on any unsettled issues concerning the application;

5.1.1.f. The Board will make transcripts of the hearing available through the Division of Environmental Protections Public Information Office at a reasonable cost; provide written notice to the Chief Executive Officer of each affected community in which the proposed commercial facility is to be located; and direct the applicant to publish a Class I-O legal advertisement in at least two (2) daily or weekly newspapers having circulation within the vicinity of the proposed commercial facility. The legal advertisement shall identify the proposed location; the type of facility and activities involved; the name of the owner and operator; the date, time and place that the Board will convene a public hearing regarding the application; an address to which written comments can be sent; and the name, address and telephone number of a person from whom interested parties may obtain further information, including copies of the application. A qualified daily or weekly newspaper meets the criteria of W. Va. Code '59-3-1(b).

W. Va. Code R. § 57-1-6 Approval or Denial of Application

6.1. Upon completion of the public hearing, the Board shall render a decision based upon the application and the record as set forth in Sections 4 and 5 of this rule, and the W. Va. Code '20-10-3(i).

6.2. Before a decision is made, the Board may seek consultation from the applicant or the Division of Environmental Protection if clarification is needed regarding the application and any comments received.

6.3. Within sixty (60) calendar days of the public hearing the Board shall:

6.3.1. Grant a Certificate of Site Approval;

6.3.2. Grant a Conditional Certificate of Site Approval; or

6.3.3. Deny a Certificate of Site Approval.

6.4. The Board shall immediately send a written decision to the applicant. The written decision shall enumerate the Board's findings and conclusions, and be sent by certified mail. The written decision shall be available to the public upon request.

6.5. Any person, pursuant to W. Va. Code ''20-10-6 and 20-10-7, having an interest adversely affected by the decision of the Board is entitled to judicial review of the decision in the Circuit Court of Kanawha County, or the county in which the public hearing took place, by filing a petition with the court within sixty (60) calendar days of the Board's written decision. The certification process is outlined in Appendix I of this rule.

W. Va. Code R. § 57-1-7 Effect of Certification

7.1. The approval and conditions thereto of the Certificate of Site Approval supersede any local ordinance or regulation that is inconsistent or conflicts with the terms contained in the Certificate of Site Approval.

7.2. Nothing in this rule affects the authority of the host community to enforce its regulations and ordinances to the extent that they are not inconsistent with the terms and conditions of the approval certificate. There may be state or federal laws which pre-exempt or supercede, or otherwise preclude or restrict the enforcement of local regulations and ordinances.

7.3. Commercial facility site approval will not preclude or excuse the applicant from any required permits or approvals under any State or federal laws and regulations.

APPENDIX II

West Virginia Commercial Hazardous Waste Management Facility Siting Board Pre-Siting Notice Outline The Pre-Siting Notice shall contain, at a minimum, the following information in an outline format:

I. Name of owner(s) and description of prior hazardous waste management experience.

II. Name of operator(s) and description of prior hazardous waste management experience.

III. Type of facility (i.e. hazardous waste management processes to be employed).

IV. Volume, type and source of wastes to be managed.

V. A topographic map of the proposed facility and its environs. The contour interval of the map shall be sufficient to clearly show the patern of surface water flow. The map shall also include:

Map scale and date; 100 year floodplain;

Surface waters, including intermittent streams;

Surrounding land uses;

Locations of schools, hospitals, recreational facilities and other pulic institutions and places, major businesses or commercial activities;

Wind rose;

Orientation of map;

Municipal and county boundaries;

Injection and withdrawal wells.

VI. Synopsis of potential adverse impacts.

VII. Synopsis of potential beneficial impacts.

APPENDIX III

INSTRUCTIONS FOR OBTAINING A CERTIFICATE OF SITE APPROVAL

Siting Fee Each application shall be accompanied by a money order or a cashier's check made payable to "The Commercial Hazardous Waste Management Facility Siting Fund" in the amount specified in Section 3.1 of Title 47, Series 35A (Commercial Hazardous Waste Management Facility Siting Fees). An additional fee in the amount specified in Section 3.3 of Title 47, Series 35A shall be paid by the applicant for each incomplete application that must be resubmitted to the Board, or for any subsequent modifications offered by the applicant after the Board has determined that the application is complete pursuant to the "Commercial Hazardous Waste Management Facility Siting Board Regulations" under Title 57, Series 1.

Number of Copies Twenty (20) complete sets of the application are to be submitted to the Board at the following address:

Format An outline is attached which describes the requirements for siting approval. Part I specifies the items to be submitted as part of the application and the format in which these are to be provided. Part II specifies the duties of the Siting Board.

Effect of Certification The approval and conditions of the Certificate of Site Approval shall supersede any local ordinance or regulation that is inconsistent or conflicts with the terms in the Certificate of Site Approval, but will not preclude or excuse the applicant from any required permits or approvals under any State or federal laws and regulations.

WEST VIRGINIA SITING APPLICATION FORMAT

PART 1

References are to Sections of the following West Virginia Administrative Regulations: The Certification Requirements of the Commercial Hazardous Waste Management Facility Siting Board (Title 57, Series 1), the Commercial Hazardous Waste Management Siting Fees (Title 47, Series 35A), and The Hazardous Waste Management Regulations (Title 47, Series 35).

Page A. FACILITY DESCRIPTION No.

A-1. General Description: 4.6.9, 4.6.10 (Title 57, Series 1) ____ 1. Describe activities to be conducted at the facility: ____ - type of treatment, storage, or disposal - types of wastes and industries served - list of hazardous wastes; including:

  • EPA hazardous waste codes - their respective volumes 2. Provide descriptive history: ____ - previous hazardous waste management activities - present hazardous waster management activities - SIC Codes applicable to the hazardous waste facility - listing of all permits or construction approvals received or pending as required under Title 47, Series 35, Section 11.4.1.j.
  1. Latitude and longitude of the facility ____ 4. Names, addresses, and telephone numbers of the owner, ____ operator, and principal shareholders of the facility.

A-2. Maps and Drawings: 4.6 (Title 57, Series 1) ____ A-2a. General Requirements for Drawing: ____ 1. Scale - Must be 1" to 100' (or less)

  1. Indicate (where applicable) location of all past, present, and future hazardous waste treatment, storage, disposal, and recycling areas.

A-2b. General Requirements for topographic map ____ 1. Scale - 7.5 minute series USGS topographic map - Must be 1" to 200' (or less)

  1. Contour interval - Must be sufficient to determine pattern of surface water ____ flow (5 feet if relief is greater than 20 feet; 2 feet if less than 20 feet; larger contour interval if located on mountains).

  2. Coverage - At least 1000 feet around the facility ____ 4. Show the following (more than one topo map or drawing may ____ be used for clarity):

  • map scale - date - 100-year floodplain area - surface water (including intermittent streams - wind rose (prevailing wind speed and direction)

  • map orientation - legal boundaries of hazardous waste management facility site - access control - injection and withdrawal wells (on-site and off-site)

  • buildings and other structures - sewers (process, storm, sanitary)

  • loading and unloading areas - access and internal roads - fire control facilities - run-off control systems - flood control or drainage barriers - location of operational TSD units within hazardous waste management facility site - equipment clean-up areas - surrounding land uses (e.g., residential, commercial, agricultural, recreational, schools, hospitals, institutions, and other businesses)

A-3. Facility Location Information: 4.3 (Title 57, Series 1), ____

11.5.1.l (Title 47, Series 35)

A-3a. Location Standards: 11.5.1.l, 12 (Title 47, Series 35) ____ A-3a(1). Seismic Considerations 11.5.1.l.1 (Title 47. Series 35) ____ 1. No faults within 3,000 feet of facility based on data from:

  • U.S. Geological Survey (USGS) Publications - USGS Aerial Reconnaissance within 5 miles - aerial photo analysis within 3,000 feet - reconnaissance based on walking area within 3,000 feet, or 2. No faults within 200 feet of facility's hazardous waste management activity based on data from:

  • a comprehensive geologic analysis of the site - subsurface exploration (trenching) if necessary A-3a(2). Karst Terrain Standard: 11.5.1.l.2 (Title 47, Series 35) ____ 1. No solution cavities underlying or possibly influencing the site based upon:

  • U.S. Geological Survey and WV Geological and Economic fracture trend maps and Karst subsidence maps.

  • test borings and engineering analysis sufficient to determine overburden stability.

A-3a(3). Subsurface Mining Area Standard: 11.5.1.l.3 (Title 47, ____ Series 35)

  1. Facility not within 1,000 feet of a probable area of subsidence influence based upon:

  • WV Department of Mines reports and maps - U.S. Bureau of Mines maps - provide calculations (include angle of draw) if necessary A-3a(4). Critical Recharge Standard: 11.5.1.l.4 (Title 47, Series 35) ____ 1. Not within an area which serves to recharge a public groundwater supply based upon:

  • U.S. Geological Survey Maps - Office of Water Resources - Department of Health and Human Resources A-3a(5). Wetlands Standard: 11.5.1.l.5 (Title 47, Series 35) ____ 1. Not within or in an area influencing a wetlands based upon:

  • U.S. Geological Survey Maps - WV Division of Natural Resources, Section of Wildlife Resources.

  • demonstrate that the site is not within, or topographically or hydrogeologically upgradient from a wetland.

A-3a(6). Dam-related Flood Standard: 11.5.1.l.6 (Title 47, Series 35) ____ 1. Not within a floodpool 2. Not within danger-reach of unpermitted dam - document dam permit or approval - provide danger-reach flood level 3. Sources of information include:

  • U.S. Army Corps of Engineers reports - U.S. Geological Survey maps - Office of Water Resources A-3a(7). Floodplain Standard: 11.5.1.l.7, 11.5.1.l.8, 11.5.1.l.9 ____ (Title 47, Series 35)
  1. Provide documentation as to whether the facility will be located in the 100-year floodplain based upon:

  • Federal Insurance Administration (FIA) flood map - provide calculations and maps used where FIA map is not available.

  • other sources of information - U.S. Army Corps of Engineers - Soil Conservation Service - U.S. Geological Survey - identify the 100 year flood level and any other special flooding (e.g. wave action).

A-3a(8). Demonstration of Compliance: 11.5.1.l.9, 12.1.7 (Title 47, ____ Series 35)

  1. If the facility is located within the 100 year floodplain, it must be designed, constructed, operated and maintained to prevent washout of hazardous waste by either:
  • floodproofing and flood protection measures; or - flood plan A-3a(9). Flood Proofing and Flood Protection: 11.5.1.l.8 (Title 47, ____ Series 35)
  1. Provide the following:

  • engineering analysis of hydrodynamic and hydrostatic forces expected from a 100-year flood.

  • structural or other engineering studies of the design of the hazardous waste units and flood protection devices (e.g. floodwalls, dikes) and how they will prevent washout.

A-3a(10) Flood Plan: 11.5.1.l.8 (Title 47, Series 35) ____ 1. Describe procedures for removing waste before flooding:

  • timing relative to flood levels including time estimated to remove waste.

  • location to which waste will be moved and demonstration that the new location is eligible to receive waste in accordance with the

regulation under Sections 8 and 11, (Title 47, Series 35).

  • procedures, equipment, and personnel to be used and means to ensure they will be available in time for use.

  • potential for accidental discharge during movement B. ENVIRONMENTAL ANALYSIS: 4.6.5 (Title 57, Series 1)

B-1. Provide a written analysis of environmental and economic ____ impacts of the facility, including, but not limited to the following:

  1. Predictable adverse impacts on: ____ - Wetlands - Farmlands - Surface Water - Groundwater - Wildlife - Endangered Species - Public Health and Safety - Transportation networks - Historical, cultural, and recreational areas - Air Quality - Counties or communities adjacent to proposed host community 2. Mitigation of such effects ____ - Evaluate and provide plan for mitigation B-2. Exposure Information and Quantitative Assessment: 4.6.6 (Title 57, Series 1), 11.2.9 (Title 47, Series 35)

B-2a. Provide information on potential for public to be exposed to ____ hazardous wastes or hazardous constituents through releases from the unit, including:

  1. Potential releases from normal operations and accidents at the unit, including transportation to and from the unit.

  2. Potential pathways of human exposure resulting from the release.

  3. Potential magnitude and nature of human exposure due to the release.

B-2b. Quantitative Assessment of Health Risks ____ This assessment shall consider and discuss the following, ____ quantitatively and for each pathway identified:

  1. Assessment of risk to human populations within a four (4) mile radius of the proposed facility.

  2. Acute and chronic exposure scenarios.

  3. Carcinogenic, teratogenic, systemic or other health risks, as appropriate.

B-3. Describe expected environmental benefits. ____ B-4. Describe expected economic benefits. ____ C. ADDITIONAL INFORMATION REQUIRED: 4.4 (Title 57, Series 1)

C-1. Indicate whether this is a new or revised application: 4.4 ____ (Title 57, Series 1).

C-2. Provide a statement which indicates that, when the application ____ is deemed to be complete by the Board, a legal advertisement containing required information will be published in at least 2 newspapers in vicinity of proposed location: 5.1.3 (Title 57, Series 1).

D. SIGNATORIES TO THE APPLICATION: 4.8 (Title 57, Series 1)

D-1. The required signature shall accompany the certification ____ statement of Section 4.8 of Title 57, Series 1.

D-2. The application must be signed in accordance with ____ Sections 4.8.1 and 4.9 of Title 57, Series 1.

D-3. Submit twenty copies of the completed application to the Board.

PART II

ACTIONS REQUIRED TO BE TAKEN BY THE SITING BOARD

A. NOTIFICATION TO APPLICANT AND COUNTY COMMISSIONS: 4.6.5.a.11., 4.9 (Title 57, Series 1).

A-1. The Board shall, within 60 days of receipt of application, ____ mail written notice to applicant as to whether or not the application is complete.

  1. If incomplete, the Board shall:

  • Notify applicant of incompleteness - Assess resubmittal fees 2. When complete, the Board shall notify the following persons of the quantitative assessment required:

  • County Commission of host county - County Commissions of all counties within a 4 mile radius NOTE: The County Commission must appoint 2 ad hoc members to the Board within 30 days of the notice.

A-2. The Board shall, if potential adverse impacts beyond host ____ community are identified, peform the following:

  1. Notify the respective County Commission(s).

  2. Publish Class I-O legal advertisement in that county's newspaper identifying impacts.

B. DETERMINATION OF COMPLETENESS AND NOTIFICATION: 5 (Title 57, Series 1)

B-1. The Board shall perform the following within 30 calendar days ____ after the Board's determination that the application is complete:

  1. Publish the following information in the State Register:
  • notice of public comment period - notice of public hearing 2. Provide copy of the application to public library in proposed host community (or in closest library) for public inspection.

  1. Hold the public hearing within 60 calendar days of completeness determination.

  2. Hold the public hearing in the county:

  • where the facility is to be located.

  • convenient to a population center nearest to the proposed facility location.

  1. Keep an accurate record (transcription) of the hearing. (At the applicant's expense.)

  2. Consider no written comments after close of hearing. (Except as provided under Section 5.1.1.e (Title 57, Series 1.)

  3. Reopen public comment public period and schedule additional public hearing, if necessary, for unsettled issues.

  4. Make transcripts of the hearing available through the Office of Waste Management Public Information Office.

  5. Provide written notice to Chief Executive Officer in affected municipality.

  6. Direct applicant to publish legal advertisement containing required information in at least 2 newspapers in vicinity of proposed location.

C. APPROVAL OR DENIAL OF APPLICATION: 6 (Title 57, Series 1)

C-1. The Board shall render one of the following decisions, upon ____ completion of the public hearing and within 60 days of the public hearing:

  1. Grant Certificate of Site Approval 2. Grant Conditional Certificate of Site Approval 3. Deny Certificate of Site Approval Note: Board may seek consultation with applicant or Office of Waste Management for clarification before decision is made.

C-2. The Board shall send immediate, certified, written notification ____ of the decision to the applicant and, upon request, to the public.

C-3. The Board shall become involved in judicial review of interests ____ adversely affected by the decision when a petition is filed.

57CSR1

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