Current through Register Vol. XLI, No. 50, December 13, 2024
Section 54-4-3 - Procedure for Plan Development and Approval3.1. Submission to the Board. -- A commercial solid waste facility siting plan is to be submitted to the Board. The plan shall be updated and submitted every five years after any new or updated plan is approved by the Board or within ninety (90) days of the formation of a new authority.3.2. Administrative Completeness Review. 3.2.a. If the Board finds the draft plan to be incomplete, ie., to not contain all of the information required by this rule, it shall return the plan to the Authority along with a written statement explaining how the plan is incomplete.3.2.b. The authority shall have thirty (30) days to amend the plan by providing the remaining required information, and to submit the amended plan to the Board. No plan will be reviewed for technical merit until it is administratively complete.3.3. Technical Review.3.3.a. When a plan is determined to be administratively complete it will be subjected to a technical review of its contents, procedures, and processes.3.3.b. The Board shall approve the final plan in writing if the Board determines that the plan complies with the purposes and requirements of applicable state and applicable federal law, if any, and the rules promulgated in this series.3.3.c. If the Board determines that the plan should be rejected, it shall return the plan to the authority with a written statement of the insufficiencies in the plan.3.3.d. Within ninety (90) days of receipt of a letter disapproving the plan, the authority shall revise the plan to eliminate the insufficiencies and submit the amended plan to the Board.3.4. Final Submission to the Board. -- No later than sixty (60) days after approval, each county authority shall submit to the Board four (4) copies of its final plan. Each regional authority must submit one additional copy of the plan for each county within that region. Each authority shall transmit one copy of its plan to each appropriate regional planning and development council, county planning commission and to the office of each appropriate county clerk, who shall file the plan in the appropriate manner and make it available for public inspection.3.5. Plans Developed by the Board. -- The Board shall develop a plan for any authority which fails to submit an update and for any new authority that fails to submit a plan within ninety (90) days of the due date under subdivision 3.2.a, provided that in preparing such plans, the Board may determine whether to prepare a regional- or county-based plan for those authorities which fail to complete such an update or for those new authorities that fail to complete a plan.