§ 13-4-302. SAME - APPLICATION AND ISSUANCE.

(a)

In general. The provisions of this section are conditions precedent to the issuance of a permit for the operation or extension of a solid waste processing or land disposal site.

(b)

Signatories. All parties shall sign the application, including the owner of the land, the lessee, and the operator of the solid waste processing or land disposal site.

(c)

Landfill facilities. An application for a permit to alter or add to an existing solid waste processing or land disposal site shall be signed by the owner of the proposed facility or site, the lessee, and the operator.

(d)

Required information. The application shall contain the technical plans and reports specified in the regulations of the Department of Environmental Protection and Sustainability.

(e)

Publication. After submitting an application for a permit and at least 30 days before the permit is issued, the applicant shall publish a notice of the application for 3 consecutive weeks in a newspaper of general circulation serving the area to be affected by issuance of the permit.

(f)

Public hearing.

(1)

The approving authority:

(i)

Shall schedule a public hearing after the approving authority has reviewed and deemed satisfactory the plans and reports required under subsection (d) of this section; or

(ii)

May waive a hearing if the State Department of the Environment holds an official public hearing.

(2)

At a public hearing held under this subsection, the applicant and any other interested person may present facts, evidence, and agreement with or disagreement with the granting of the permit.

(g)

Storm drains and utilities.

(1)

If the Department of Public Works or the Department of Environmental Protection and Sustainability determines that establishment of the facility or an addition to an existing facility or site will necessitate the construction, relocation, extension, or expansion of public storm drains and utilities, on or off site, the applicants shall acquire all necessary easements and pay for all engineering, overhead, and construction and relocation costs.

(2)

Where public storm drains and utilities are constructed, extended, expanded, or relocated, the applicants shall deed to the county all easements found necessary by the Department of Public Works for the proper maintenance of the storm drains and utilities.

(3)

Storm drains and utilities shall be constructed under county contract and under county supervision.

(h)

Performance bond.

(1)

(i)

On approval of an application and before any permit may be issued, the applicant shall give a performance bond to the county in the amount set forth in the regulations of the Department of Environmental Protection and Sustainability.

(ii)

The bond shall be conditioned on the applicant's compliance in all respects with each provision of this subtitle, the regulations of the Department, the requirements on which the permit was issued, and the operating plan as submitted by the applicant and approved by the county.

(2)

The applicant shall indemnify and hold harmless the county, its officers and agents, against or from all costs, expenses, damages, injury, or loss to which the county, its officers and agents may be subjected by reason of any want of care or skill, negligence, or default on the part of the applicant or the applicant's agents or employees in the establishment and operation of the solid waste processing facility or land disposal site.

(1988 Code, §§ 32-79, 32-81) (Bill. No. 156, 1989, § 3, 12-11-1989; Bill No. 105-00, § 2, 7-1-2004; Bill No. 122-10, § 6, 1-16-2011)