19-7-118. PERMIT TO OPERATE SOLID WASTE DISPOSAL SITES.

1. Petition for Permit to Operate Solid Waste Disposal Site. If the Solid Waste Management Plan includes provisions for landfill sites not operated by the Land Use and Environment Department, any person may petition for a permit to operate a disposal site in accordance with the procedures set forth in Title 18, Chapter 21. In addition to the information required by Title 18, Chapter 21, an application for a permit to construct and operate or alter a landfill site shall include the following:
   1. A general description of the facility.
   2. A map and aerial photograph of the area to be used for the fill showing land use and, where applicable, zoning within 2,000 feet of the solid waste disposal site. The map and aerial photograph shall be of sufficient scale to show all homes, wells, water ways, topography, roads, and other objects that may be affected.
   3. A report indicating the following:
      1. the population and area to be served by the proposed site and life expectancy of the facility.
      2. kind, quantity and source of solid waste to be disposed at the site.
      3. the geological formation and groundwater elevations to a depth of at least twice the height of the proposed landfill below the lowest elevation of the site. Such data will be obtained by soil boring and other appropriate means.
      4. the source and characteristics of cover material to be used.
      5. reliable data on existing ground water quality within 2,000 feet of the site.
      6. topography of the site and drainage patterns.
   4. A design and plan of operation for the facility, certified by a professional engineer, which identifies how each landfill location, design, performance and operating standard in this Title shall be met through design, construction, and operation of the disposal site. The design shall include, as well, one or more topographic maps at a scale of not over two hundred feet to the inch. Contour intervals shall not exceed ten feet. The maps should show proposed fill area, borrow areas, access roads, drainage areas, fencing, equipment and buildings.
   5. A plan for closure of the facility, certified by a professional engineer, explaining how each closure standard in this Title shall be met and how post-closure activities will be performed.
   6. A financial statement, estimating the cost of construction, operation and closure of the site, explaining the applicant’s financial condition and the applicants’ ability to fund the continued operation and closure of the site.
2. Issuance of Permit to Operate Solid Waste Disposal Site. Within 180 days of submission of a complete application for a permit and in accordance with the procedures identified in Title 18, Chapter 21, the Land Use and Environment Commission shall issue or deny a permit. The Commission may issue a permit only if it finds, on the basis of information contained in the application and otherwise available to it, that the proposed landfill will comply with the standards contained in this Chapter and that the application has the financial and technical ability of the applicant to construct, operate, and close the landfill in a manner consistent with this Chapter. The burden of proof shall rest on the applicant to demonstrate compliance with these requirements. In issuing any permit, the Commission may design or condition the permit to accomplish the goals of this Title.
3. Term of Permit to Operate Solid Waste Disposal Site. Permit terms shall be established by the Commission based on the expected useful life of the solid waste disposal site but in no case shall the permit term exceed 15 years. If the disposal site can, within the terms of this Chapter, continue to operate after the permit term, a permittee may apply for a new permit six months before the term ends. The basis and procedures for grant of an additional permit shall be the same as for the original permit