§ 106-158. Grant or denial; criteria for determination.

(a)

The board of county commissioners shall review the recommendations of the county administrator for approval or denial of a permit for a solid waste disposal facility and shall determine, based upon the criteria set forth in this article, whether the permit shall be approved or denied. The board may hold a public hearing to receive testimony and evidence prior to determining whether the permit should be approved or denied. Notice of such public hearing shall be placed in a newspaper of general circulation in the county at least 15 days prior to such public hearing, and individual property owners within 500 feet of the proposed location referenced in the application shall be notified in writing of such public hearing at least 15 days before such hearing.

(b)

The board of county commissioners shall consider each of the following minimum criteria in determining whether an application for a permit pursuant to this article shall be approved or denied:

(1)

Whether the facility under consideration is sufficient in terms of the physical size and location of the facility and area of the population of the county to be served.

(2)

Whether or not the design and operational plans and procedures are complete and sufficient.

(3)

Whether the applicant has provided reasonable assurances, financial or otherwise, that applicable permit conditions will be met. In determining whether such reasonable assurances have been provided, the board of county commissioners may consider, among other factors, consent orders or any violations of applicable statutes, rules, orders, permit conditions by the applicant relating to the operation of a solid waste disposal facility in the state for which the applicant is or was responsible.

(4)

Whether or not the applicant's facility is sufficiently and safely accessible by collection vehicles, automobiles, and, where applicable, transfer vehicles.

(5)

Whether or not the applicant has provided for sufficient safeguards against air and water pollution and land blight.

(6)

Whether or not the applicant has provided for sufficient odor, dust, litter, and fire control.

(7)

Whether or not the proposed location of the facility is compatible with existing zoning classifications and land use designations of property in the vicinity of the proposed location.

(8)

Whether or not the facility sufficiently conserves and protects the natural resources in the general vicinity of the proposed location of the facility.

(9)

Whether or not the proposed location and use of the property as a site for a solid waste disposal facility would unreasonably interfere with or jeopardize the public's right to undisturbed health, safety and welfare.

(10)

Whether or not the proposed use and location of the property as a solid waste disposal facility would otherwise create an adverse effect on the public interest.

(11)

Whether or not the applicant's proposed facility would negatively impact on the county resource recovery systems and facilities.

(Ord. No. 93-93, § 6, 10-19-93; Ord. No. 06-53, § 5, 6-20-06)