65-3482. Same; permit required to modify or construct disposal facility; duties of secretary.
65-3482
65-3482. Same; permit required to modify or construct disposalfacility; duties of secretary.(a) After the effective date of this act, no person shall modify or constructaPCB disposal facility without a permitissued by the secretary under this act.
(b) Upon receipt of an application for a permit to constructa PCB disposalfacility which complies withthe requirements of this section, the secretary shall:
(1) Publish a notice once each week for three consecutiveweeks in a newspaperof general circulation in the county in which thefacility is proposedto be located. The required published notice shall contain a map indicatingthe location of the proposed facility and shall contain a description ofthe proposed action and the location where the permit applicationand related documents may be reviewed and where copies may be obtained. Thenotice shall describe the procedure by which the permit may begranted. The secretary shall transmit a copy of the notice to the clerkof any city which is located within three miles of the proposed facility.
(2) Review the plans of the proposed facility to determine if the proposedfacility complies with this act and the rules and regulations promulgatedunder this act. The review shall include, but not be limited to, air quality,water quality, waste management and hydrogeology. If the facility reviewand the application meet the requirements of this act and therules and regulations promulgated under this act, the secretary shall approveconstruction or modification of the facility whichapproval may containconditions specifically applicable to the facility and operation. Anexpansion,enlargement or modification of a facility beyond the specified areas indicatedin the existing permit constitutes a new proposal for which anew construction permit application is required.
(c) The secretary shall approve or denya constructionpermit application within 240 days after the secretary receives an applicationmeeting the requirements of this section. If the secretary approves theapplication, the secretary immediately shall notifythe applicant.If the secretary denies the application, the secretary shall notifythe applicant in writing ofthe reasons for the denial.
History: L. 1986, ch. 226, § 3;L. 1992, ch. 192, § 9; July 1.