1155.23—Additional requirements when filing after an unsatisfactory result from a State, local, or municipal authority affecting the siting of the facility.
(a)
When an applicant has previously sought permission from the applicable state, local, or municipal authority and received an unsatisfactory result, such as inordinate delay, affecting the siting of the facility, the applicant may petition the Board to accept an application for a land-use-exemption permit. The applicant shall address in its petition why applicant believes it can make the showing required in 49 CFR 1155.23(b). The petition shall be filed simultaneously with the land-use-exemption permit application.
(b)
Standard for review. The Board will not consider a land-use-exemption-permit application regarding laws, regulations, or other requirements upon which the applicant has received an unsatisfactory result from a state, local, or municipal authority, unless the Board finds that the laws, regulations, or other requirements affect the siting of the facility, on their face or as applied, either
(2)
Discriminate against the railroad transportation of solid waste and a solid waste rail transfer facility.