8 CAR § 60-203 – Local authority approval of site selection and expansion

(a) Applicability. This section applies to all new permitted facilities including landfills and solid waste processing facilities and to the expansion of the permitted acreage of landfills and solid waste processing facilities.
(b) Conformance with county-wide plans. If the proposed solid waste facility site is located within a municipality or county that has adopted restrictions on sites in conjunction with a comprehensive county-wide land use plan, specific geographic site approval from the government or governments of the jurisdiction shall be obtained by the applicant for submission to the Division of Environmental Quality with the preapplication.
(c) Conformance with regional standards and rules. If the proposed solid waste facility site is located within a regional solid waste management district which has adopted restrictions on sites, specific geographic site approval from the regional solid waste management board of jurisdiction shall be obtained by the applicant for submission to the division with the preapplication.
(d) Conformance with other requirements. As applicable, applicants shall also meet the requirements of 8 CAR § 60-204 regarding high-impact solid waste facilities and 8 CAR § 60-205 regarding certificate of need for landfills.
(e) Written approval or denial. Any approval or denial by local governments or regional solid waste management boards of solid waste site selection shall be in writing and shall state the basis for the approval or denial with reference to the specific requirements of the local jurisdiction and this part.
(f) Notification of local and regional authorities.
1. (1) If the proposed site is located in a municipality or county that has not adopted restrictions on sites in conjunction with a county-wide comprehensive land use plan or in a solid waste management district that has not adopted site restrictions, the applicant shall notify the municipality and county of jurisdiction over the proposed site and the solid waste management board by certified mail prior to submission of the preapplication.
2. (2) Except as may be required in 8 CAR §§ 60-204 and 60-205 for landfills, no specific geographic site approval by the local governmental entity or regional solid waste management board is required.