§ 95-5. Review of Application, Issuance of Permit, Construction Deadlines.
The applicant shall submit to the Board of County Commissioners 10 copies of all
information required by federal and state agencies for the proposed facility. The review
procedure shall not begin nor shall the application be designated as complete until such
time as all required data are submitted and the appropriate fees are paid.
Upon submission of the completed application and the payment of the application fee, the
Board of Commissioners shall have 30 days in which to determine if the application is
complete and shall mail notice of its determination to the applicant. If it is not complete,
the applicant will have 30 days to complete the application unless an extension for cause
is granted by the Board of County Commissioners; after 30 days, the County may return
the uncompleted application and accompanying fees to the applicant.
Each application shall be reviewed by the County staff and/or by such consultant or
designated Board as determined by the Board of Commissioners. Such analysis shall be
made within 90 days of receipt of a completed application, unless an extension is
warranted and granted by the Board of County Commissioners. Upon completion of the
analysis, a report shall be made at the next regular meeting of the County Commissioners.
Within 45 days from the date the report is presented, the Commissioners shall hold a
public hearing for comment on the proposed permit along with the analysis of County
staff and consultants. The purpose of such hearing shall be for public comment on the
proposed facility. Within 15 days prior to the hearing, notice of the time and place of the
hearing shall be sent to all adjacent property owners of the proposed site. Notice shall
also be published in a newspaper of local circulation. If the date of the hearing does not
coincide with a regular evening meeting, then another evening hearing date shall be set.
Within60 days of the hearing, the Board of County Commissioners shall make its
decision to grant the permit, deny it or grant it with specified conditions. In making such
determination, the Board of Commissioners shall determine:
That the construction and operation of the facility will not pose an unreasonable
risk to the health and welfare of Henderson County or to site operating
That the applicant or facility operation has the capability and financial resources
to construct, operate and maintain the facility.
That the applicant or operator has taken or consented in writing to take any and
all reasonable measures to comply with applicable federal, state and local
regulations and ordinances.
That the applicant's plan represents an adequate method, based upon accepted
technology, for handling the waste for which the applicant will be permitted and
that it appears the applicant has demonstrated that it will provide competent
management, and the best safety practices will be employed in handling the
waste at the proposed facility.
The applicant has 18 months from the date of issuance of a permit to begin construction
and 24 months from the beginning of construction to complete the facility and bring it on
line. Extensions to these requirements may be granted by the Board of County
Commissioners for cause.