<div class="chunk-title">Sec. 26-316. - Operation.</div>
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               (a)
               
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               <span class="ital">Certificate of need.</span>
               
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               (1)
               
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               All persons who operate facilities permitted under this article to handle, treat,
               transfer, store or dispose of hazardous waste and/or low-level radioactive waste in
               the county, other than on-site storage and/or treatment at the point of generation,
               must provide the hazardous waste and/or low-level radioactive waste management board
               or its designee a certificate of need for each type of waste received from each customer.
               This certificate must detail the generator's effort to reuse, recycle, reduce in volume,
               detoxify, neutralize, incinerate, or appropriately dispose of the waste at the point
               of generation, or subsequent efforts at some other waste management facility, before
               shipment to the county or within the county to such facilities. Such persons must
               also specify how treatment, handling, or disposal in the county employs the best available
               technology for the disposal of such waste. The certificate must also include information
               regarding the condition and contents of the shipment, and proper visible labeling
               of acute hazardous wastes on the vehicle, before shipment enters the county. This
               certificate must be on file with the county and a reply from the hazardous waste and/or
               low-level radioactive waste management board or its designee must be received by the
               facility operator before the shipment may enter the county. If, upon recommendation
               of its designee, the hazardous waste and/or low-level radioactive waste management
               board finds by majority vote that the shipment of waste does not conform to the practices
               for which the county facility is permitted, the hazardous waste and/or low-level radioactive
               waste management board is empowered to deny the shipment admittance to the facility.
               The facility operator may request a hearing before the county commissioners to challenge
               the hazardous waste and/or low-level radioactive waste management board's decision.
               The county commissioners shall schedule a public hearing within 30 days to hear such
               challenge. The facility operator shall have the burden of proof in any such hearing.
               
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               (2)
               
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               All incoming waste must be stored on the facility site in an area utilizing best management
               practices for the proper storage of such wastes, for up to four days so that laboratory
               analysis as described in<a href="" data-chunk-id="PTIICOOR_CH26EN_ARTXHAWALVERAWAMA_S26-315MOSA" class="section-link" data-product-id="14529"> section 26-315</a>(b)(7) may be performed. No waste may be otherwise handled, treated or disposed of
               on site until the analysis is complete and the county verifies in writing to the site
               manager that the shipment may be processed.
               
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               (b)
               
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               <span class="ital">Management practices orders.</span>
               
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               (1)
               
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               The hazardous waste and/or low-level radioactive waste management board, as described
               in<a href="" data-chunk-id="PTIICOOR_CH26EN_ARTXHAWALVERAWAMA_S26-309COHALVERAWAMABO" class="section-link" data-product-id="14529"> section 26-309</a>, shall keep abreast of developments in waste management technology and developing
               management practices. If the hazardous waste and/or low-level radioactive waste management
               board discovers a new management practice not currently in use at facilities within
               the county, which could be employed to recycle, reuse, neutralize, detoxify, incinerate,
               or reduce the volume of hazardous waste and/or low-level radioactive waste generated,
               stored, or disposed in the county, it shall prepare a report to that effect. It shall
               include in the report a summary of the benefits and costs of the practice, the wastes
               affected by the practice, and a proposal for implementing it at facilities within
               the county. It shall then submit the report to all affected facility operators within
               the county. The facility operators shall reply in writing to the hazardous waste and/or
               low-level radioactive waste management board within 45 days, specifying plans to implement
               the practice, or reasons why the facility operators believe the practice should not
               be implemented.
               
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               (2)
               
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               If, after the exchange of reports, the hazardous waste and/or low-level radioactive
               waste management board, by majority vote, finds that the practice should be implemented
               at the facilities in the county, it shall prepare a report and order to that effect
               and submit them to the board of commissioners. The board of commissioners may approve
               and publish the order, which shall be effective as an amendment to the permits. The
               facility operators may appeal the order within 30 days, by so requesting in writing
               to the county commissioners. The commissioners shall announce a public hearing within
               30 days thereafter at which the hazardous waste and/or low-level radioactive waste
               management board and the facility operators shall present their cases, and at which
               the facility operators shall be assigned the burden of proof. The county commissioners
               shall then either reaffirm the order or remit the matter to the hazardous waste and/or
               low-level radioactive waste management board for further study.
               
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               (c)
               
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               <span class="ital">Other duties.</span> The county commissioners shall direct responsible officials of the county to undertake
               such other duties as may be required by this or other sections of this article.
               
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            <p class="historynote0">
               (Code 1993, Â§ 26-111; Ord. of 7-11-1989(2), Â§ 11)
               
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