§ 19-152. Operation.

(a)

Certificate of need (low-level radioactive waste and/or acute hazardous waste).

(1)

All persons who operate facilities to handle, treat, transfer, store or dispose of low-level radioactive waste or acute hazardous waste in the county, other than on-site storage and/or treatment at the point of generation, must provide the hazardous waste management 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 labeling 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 waste management 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 waste management 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 waste management board is empowered to deny the shipment admittance to the facility. The facility operator may request a hearing before the board of commissioners to challenge the hazardous waste management board's decision. The board of commissioners shall schedule a public hearing within ten (10) 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 (4) days while laboratory analysis as described in section 19-151(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.

(3)

Other hazardous wastes. All persons who operate facilities to handle, treat, transfer, store or dispose of hazardous waste or infectious waste other than those described above must provide the hazardous waste management board or its designee a certificate of need for all wastes proposed to be brought to the site during each month of operation. This certificate must be submitted in writing to the hazardous waste management board and include the following information:

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 the process;

c.

Volume, chemical and physical nature of the waste;

d.

Manner in which waste is packaged for shipment;

e.

Proposed treatment and disposal procedure; and

f.

Proposed route of shipment to the facility.

(4)

A separate request must be made for each waste type by generator for each month of operation of the facility. The hazardous waste management board will submit a written response to the licensee no later than fourteen (14) days following receipt of a request; however, a request is not deemed complete until the hazardous waste management board has received all information necessary to make an informed decision.

(5)

Notwithstanding all provisions above, the hazardous waste management board may give verbal approval for the treatment, storage or disposal of certain wastes including, but not limited to, the following:

a.

Wastes resulting from an accident or spill for which storage may not be feasible or may pose an unusual health hazard;

b.

Wastes that have been given prior approval, but are received in a different form or package or for which a different but equivalent disposal procedure is requested.

(6)

The board shall be notified of any change in or loss of insurance and any negative changes in regulatory status.

(7)

The name and telephone number of the state, local or federal regulatory person(s) who inspects the facility shall be submitted to the board. A copy of all inspections shall be submitted to the board.

(8)

The United States Environmental Protection Agency number and state identification number of all motor carriers and haulers, name and telephone number of the principal contact person and all ongoing actions by the state and/or federal regulatory agencies shall be submitted to the board.

(9)

Public review and comment on all cleanup plans for the hazardous, infectious and/or low-level radioactive waste site will be permitted.

(b)

Management practices orders. The hazardous waste management board as described in section 19-121 shall keep abreast of developments in waste management technology and developing management practices. If the hazardous waste management board discovers a new management practice, not currently in use at facilities within the county covered by this article, which could be employed to recycle, reuse, neutralize, detoxify, incinerate or reduce the volume of hazardous, infectious or low-level radioactive waste generated, stored, disposed of 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 hazardous waste management board within forty-five (45) days, specifying plans to implement the practice or reasons why the facility operator(s) believes the practice should not be implemented.

If after the exchange of reports the hazardous waste management 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 orders. The facility operator(s) may appeal the order within thirty (30) days, by so requesting in writing to the board of commissioners. The board of commissioners shall announce a public hearing within thirty (30) days thereafter at which the hazardous waste management 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 board of commissioners shall then either reaffirm the order or remit the matter to the hazardous waste management board for further study. At this stage, the board of commissioners may invite comments by the state hazardous waste management board.

(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 article.

(Ord. of 6-28-90, § 402)