260.243. Buffer zone required, commercial processing facility, how determined.
Buffer zone required, commercial processing facility, howdetermined.
260.243. The department of natural resources shall notissue a permit to an applicant for a commercial solid wasteprocessing facility designed to incinerate solid waste in anycounty unless such facility meets the conditions established inthis section. For the purposes of this section, a commercialsolid waste processing facility is a facility designed toincinerate waste which accepts solid waste for a fee regardlessof where such waste is generated. Any commercial solid wasteprocessing facility which incinerates solid waste shall belocated so as to provide a health and safety buffer zone toprotect citizens living or working nearby. The size of thebuffer zone shall be determined by the department but shallextend at least fifty feet from a facility located in anonresidential area in a city not within a county or at leastthree hundred feet from a facility located elsewhere. Thedepartment shall consider the proximity of schools, businessesand houses, the prevailing winds and other factors which it deemsrelevant when establishing the buffer zone. Any facility locatedwithin a city not within a county shall be required to strictlyadhere to the terms, conditions and provisions of its permit.
(L. 1990 S.B. 530, A.L. 1993 S.B. 80, et al.)