TITLE 23
Health and Safety

CHAPTER 23-18.9
Refuse Disposal

SECTION 23-18.9-8.1


§ 23-18.9-8.1 Criteria for public and private licenses.

(a) The director shall grant licenses only to those public facilities that the director determines meet all relevant criteria by regulation to protect human health and the environment and that are reasonably required to dispose of wastes generated within this state. All public projects shall meet the criteria for need established in § 23-19-4(b) and the director shall require no further demonstration of need.

(b) The director shall grant licenses only to those private facilities that he or she determines meet all relevant criteria established by regulation to protect human health and the environment.

(c)(1) The director shall have the authority to grant emergency temporary refuse-transfer licenses to a municipality, as long as the municipality can provide sufficient assurances as to the municipality's ability to protect human health and the environment. Notice to the director of the municipality's intent to establish a temporary transfer station shall be deemed sufficient to begin emergency operations; provided that the municipal letter of notice is accompanied by proof of health, human, and environmental safety assurances.

(2) The temporary license shall have a set expiration date that may be extended upon request by the entity, and is subject to a site inspection by a representative of the department.

(3) The entity to which the temporary license is issued shall provide means to recycle any waste collected that is considered recyclable as defined by the department.

(4) The department shall not charge a fee for the temporary refuse-transfer license, nor shall the department assess any fines to the municipal host of the collection station for the emergency establishment of the transfer station. Should the municipality determine a need for a permanent transfer station, the municipality shall abide by all department rules and regulations governing the establishment and operation of a transfer station, in accordance with the provisions of chapter 18.9 of title 23 and chapter 19 of title 23.

History of Section.
(P.L. 1980, ch. 255, § 2; P.L. 1989, ch. 508, § 4; P.L. 2016, ch. 218, § 1; P.L. 2016, ch. 258, § 1.)