Current through Register Vol. XLI, No. 50, December 13, 2024
Section 54-6-7 - Process for Correcting Impairments7.1. A solid waste authority placed in a category of impaired or seriously impaired shall correct the impairments within ninety (90) days after receiving the final performance review which begins the intervention process. Any impairment to be corrected shall not duplicate or conflict with regulatory oversight performed by the Department of Environmental Protection. Provided, That prior to correction the director may require the solid waste authority to employ an appropriate professional such as an engineer, accountant or planner to make strategic recommendations for remedy. Upon written request of the solid waste authority's board, the Board may determine that extraordinary circumstances necessitate an extension of time to correct serious impairments. Provided, However, the Board or its director as part of the intervention process may at any time require but is not limited to the following:7.1.a. Appoint a team of improvement consultants specific to the area of impairment(s) to conduct on-site reviews and make strategic recommendations toward remedy of serious impairments.7.1.a.1. The team of improvement consultants may include representatives from the Board, solid waste authority, Department of Environmental Protection, Public Service Commission, State Auditor's Office and if deemed necessary by the Board, representatives from the private sector.7.1.a.2. Costs associated with representatives from the private sector to be the responsibility of the solid waste authority.7.1.b. Require that the solid waste authority's board prioritize and target its funds strategically toward alleviating the impairments.7.1.c. Require the solid waste authority to prepare an annual fiscal budget, which must be submitted to the Board for approval.7.1.d. Recommend to the agencies that appoint the members to the solid waste authority's board of directors that one or more members of the solid waste authority's board of directors be replaced.7.1.e. The director or his or her designee, may preside as chair of the solid waste authority board meetings during intervention.7.1.f. After receiving a final performance review or through regular monitoring of performance measures that identify impairments, a solid waste authority shall not be eligible to receive grant funds from the Board's grant program in accordance with 54CSR5-4.5 or from the Department of Environmental Protection's recycling grant program, in accordance with 58CSR5-10.7 until such impairments have been corrected. Provided, That the Board or the Department of Environmental Protection may, at their discretion, award grant funds if they determine that the specific purpose of such funds is to correct the impairments.7.1.g. The director shall notify the solid waste authority in writing that the temporary intervention has ended only after a determination by the Board that impairments have been corrected.