Nebraska Statutes 13-2035. Applicant for facility permit; exemption from siting approval requirements; when; application; contents
Any applicant who applies to the department for a permit for a facility pursuant to the Integrated Solid Waste Management Act shall be exempt from the siting approval requirements of sections 13-1701 to 13-1714 if a county, municipality, or agency is to be the owner of the facility and the facility is to be located in a county the unincorporated areas of which are among the areas to be served by such facility or the facility is to be located in the county of a municipality to be served by such facility if such facility will not serve unincorporated areas of a county.
Terms Used In Nebraska Statutes 13-2035
- Agency: shall mean any combination of two or more municipalities or counties acting together under the Interlocal Cooperation Act or the Joint Public Agency Act, a natural resources district acting alone or together with one or more counties and municipalities under either of such acts, any joint entity as defined in section 13-803, or any joint public agency as defined in section 13-2503. See Nebraska Statutes 13-2004
- County: shall mean any county in the State of Nebraska. See Nebraska Statutes 13-2006
- Department: shall mean the Department of Environment and Energy. See Nebraska Statutes 13-2008
- Facility: shall mean any site owned and operated or utilized by any person for the collection, source separation, storage, transportation, transfer, processing, treatment, or disposal of solid waste and shall include a solid waste landfill. See Nebraska Statutes 13-2010
- Integrated solid waste management: shall mean solid waste management which is focused on planned development of programs and facilities that reduce waste toxicity and volume, recycle marketable materials, and provide for safe disposal of residuals. See Nebraska Statutes 13-2011
- Municipality: shall mean any city or village incorporated under the laws of this state. See Nebraska Statutes 13-2013
The application of such county, municipality, or agency shall show that the applicant:
(1) Has considered the siting, operational, and traffic criteria established by section 13-1703 ;
(2) Has given notice of the proposed siting pursuant to the procedures established by section 13-1704 ;
(3) Has conducted a public hearing regarding the proposed siting preceded by published notice in a newspaper of general circulation in the county or municipality in which the proposed facility is to be located; and
(4) Has submitted a record of such hearing with its application to the department.