Rule 391-3-4-.03 - Public Participation(1) Any city, county, group of counties, or authority beginning a process to select a site for a municipal solid waste disposal facility shall first call a public meeting as described herein. (a) Notice such meeting shall be published at least once per week for two weeks immediately preceding the public meeting in a newspaper of general circulation serving such municipality or county.(b) Where such proposed facility will serve a regional solid waste management authority established pursuant to O.C.G.A. 12-8-53, the notice procedure outlined in subparagraph (a) above shall be followed in each jurisdiction participating in such authority.(c) The purpose of the public meeting shall be to discuss the waste management needs of the local government or region and to describe the siting process to be followed.(2) The governing authority of any county or municipality taking action resulting in a municipal solid waste disposal facility siting decision shall notify the public as follows: (a) Cause to be published in a newspaper of general circulation serving such city or county at least once per week for two weeks immediately preceding the date of such meeting, notice of the meeting at which the siting decision is to be made.(b) Such notices shall state the time, place, and purpose of the meeting.(c) The meeting shall be conducted by the governing authority taking the action.(3) Upon submission of an application to the Division for any municipal solid waste disposal facility for which a permit (other than a permit-by-Rule) is required, the applicant, within fifteen (15) days of the submission of said application, shall take the following actions:(a) Publish public notice of the application in a newspaper of general circulation serving the host county if the proposed facility or expanded facility is to serve no more than one county;(b) Publish public notice of the application in a newspaper of general circulation serving each affected if the proposed facility or expanded facility is to serve more than one county;(c) Provide written notice of the permit application to the governing body of each affected county in subparagraph (a) or (b) above; to the governing body of each local government within subparagraph (a) or (b) above; and to the regional development center;(d) Request that the public notice outlined herein to be displayed prominently in the courthouse of each county notified in (c) above.(e) Upon notification by the Division that a proposed facility is suitable for the intended purpose, the host local government shall initiate a local notification and negotiation process as required in O.C.G.A. 12-8-32.(4) The governing authority of the county or municipality will hold a public hearing not less than two weeks prior to the issuance of any permit, except for a private industry disposal facility, and notice of such hearing shall be posted at the proposed site in a location closest to the primary existing entrance or primary proposed entrance where it can be viewed unaided from a public right-of-way and advertised in a newspaper of general circulation serving the county or counties in which the proposed activity will be conducted, at least thirty (30) days prior to such hearing. A typed copy of the hearing transcript shall be submitted to the Division.(5) Whenever the Director issues, denies, revokes, suspends, or transfers, a permit or approves a major modification of a permit for a facility, he shall notify the chief elected official of the host local government in which the facility is located or is proposed to be located.Ga. Comp. R. & Regs. R. 391-3-4-.03
O.C.G.A. § 12-8-20 et seq., as amended.
Original Rule entitled "Solid Waste Plans" was filed as 391-1-1-.03 on November 21, 1972; effective December 12, 1972, as specified by the Agency.Amended: Rule renumbered as 391-3-4-.03. Filed September 6, 1973; effective September 26, 1973.Amended: Rule repealed and a new Rule entitled "Application for Permit" adopted. Filed September 19, 1974; effective October 9, 1974.Amended: F. Jun. 9, 1989; eff. Jun. 29, 1989.Repealed: New Rule entitled "Public Participation" adopted. F. Sept. 4, 1991.Amended: F. Jun. 7, 1993; eff. Jun. 27, 1993.Amended: F. Nov. 2, 2016; eff. Nov. 22, 2016.Amended: F. Mar. 8, 2018; eff. Mar. 28, 2018.Amended: F. June 10, 2021; eff. June 30, 2021.Amended: F. July 17, 2023; eff. Aug. 6, 2023.