34A-6-1.6. Promulgation of rules--Factors for consideration--Scope--Open burning. The board shall promulgate rules pursuant to chapter 1-26 setting forth the requirements for the issuance, renewal, reissuance, revocation, or suspension of solid waste management system, solid waste facility, and resource recovery permits. In promulgating these rules the board shall consider and may establish requirements based on the protection of the public health, the quantity of solid waste to be handled, the environmental effects of solid waste facilities, the nature, origin, or characteristics of the solid waste, the potential for contamination of groundwater and surface water, requirements and standards for corrective actions, requirements for public roadway standards, and design for access to the facilities with approval by the secretary of the Department of Transportation, public sentiment, the financial capability of the applicant, the effects of a facility on vicinity property values, population density, climate, soils, geology, wetlands, and other health, environmental, economic, or aesthetic considerations.

The rules shall establish standards for the collection, possession, storage, transportation, processing, resource recovery, recycling, or disposal of solid waste including medical waste and infectious waste. The rules shall include the location, construction, operation, compliance deadlines, maintenance, closure, postclosure, groundwater monitoring, leachate control and treatment, methane monitoring and control, and financial assurance standards and requirements for solid waste facilities as necessary to implement the purpose and intent of § 34A-6-1.2. Based upon these considerations, the board may declare by rule, or find in a specific case, that a specified geographical area of the state possesses special or unique characteristics subject to specific requirements, and the board may prohibit the installation or establishment of specific types or sizes of solid waste facilities in these specified geographical areas of the state based on these findings.

Open burning is allowable, unless prohibited by federal law, subject to chapter 34A-1, by municipalities of five thousand or less or by counties for persons living within the county but outside the boundaries of municipalities, if the municipality or county facility does not receive solid waste from more than fifty miles outside its boundaries.

Source: SL 1989, ch 306, § 7; SL 1992, ch 254, § 50S; SL 1992, ch 259, § 11.