State Affairs and Government

CHAPTER 42-103
Waste Facilities Siting

SECTION 42-103-2

§ 42-103-2. Locations where waste facilities may be permitted.

(a) The state planning council established by § 42-11-10, shall within six (6) months of July 1, 1988, prepare and adopt criteria for the siting of new hazardous and solid waste facilities. These criteria shall be proposed following not less than three (3) public hearings in separate areas of the state. These criteria shall be designed to:

(1) Minimize the impacts of waste disposal facilities on:

(i) The quality of ground and surface water, particularly water actually and potentially used for human consumption;

(ii) Air quality;

(iii) Important natural systems including freshwater and coastal wetlands, rare plant or animal communities;

(2) Minimize the impacts of the transportation of waste on industrial areas;

(3) Minimize the exposure of residents or workers to the effects of fire, explosion, or the release of toxic substances.

(b) These criteria shall be promulgated by the council as regulations in accordance with the administrative procedures act, chapter 35 of this title, following their ratification by the general assembly, and shall not be designed to preclude the siting of other waste facilities in the state and shall apply to all locations not the subject of prior administrative or legislative act or the subject of pending administrative review as of the date of their ratification by the general assembly. Subsequent to general assembly approval the regulations may be amended pursuant to the administrative procedures act, chapter 35 of this title, provided that those amendments are not inconsistent with any prior act of the general assembly.

History of Section.
(P.L. 1988, ch. 239, § 3.)