Adopted

AMENDMENT NO 1 PROPOSED TO

House Bill No.  949

BY: Representative Barton

AMEND by deleting lines 190 through 198 in their entirety and inserting in lieu thereof the following language:

     "(13)  (a)  Notwithstanding any provision of this chapter, no solid waste management plan shall include any proposed new nonhazardous solid waste sanitary landfill if such new landfill is located within a county having two (2) or more existing permitted nonhazardous solid waste sanitary landfills that are actively receiving household waste unless a referendum election has been conducted and approved pursuant to Section 17-17-237.  This subsection (13) shall not apply to the proposed expansion or replacement of any permitted landfill by the permit holder, and shall not apply to any rubbish disposal facilities, transfer stations, land application sites, composting facilities, solid waste processing facilities, chipping/mulching facilities, industrial/institutional/special waste landfills, industrial/institutional/special waste rubbish sites, waste tire processing facilities, commercial waste tire collection sites, local government waste tire collection sites or generator waste tire collection sites, and none of those facilities, stations, landfills or sites shall be counted as a landfill within a county for the purpose of determining whether a referendum election is required to be conducted in the county as provided in this section.

(b)  The Legislature finds that the residents of counties that already have at least two (2) existing pemitted nonhazardous solid waste sanitary landfills that are actively receiving household waste have a greater interest in determining whether another such landfill will be located in their county than those in counties with fewer such landfills and therefore should have the right to have direct input on that determination through a referendum election as provided in this section."

AMEND FURTHER by deleting lines 229 through 237 in their entirety and inserting in lieu thereof the following language:

     "(3)  (a)  Notwithstanding any provision of this chapter, no solid waste management plan shall include any proposed new nonhazardous solid waste sanitary landfill if such new landfill is located within a county having two (2) or more existing permitted nonhazardous solid waste sanitary landfills that are actively receiving household waste unless a referendum election has been conducted and approved pursuant to Section 17-17-237.  This subsection (3) shall not apply to the proposed expansion or replacement of any permitted landfill by the permit holder, and shall not apply to any rubbish disposal facilities, transfer stations, land application sites, composting facilities, solid waste processing facilities, chipping/mulching facilities, industrial/institutional/special waste landfills, industrial/institutional/special waste rubbish sites, waste tire processing facilities, commercial waste tire collection sites, local government waste tire collection sites or generator waste tire collection sites, and none of those facilities, stations, landfills or sites shall be counted as a landfill within a county for the purpose of determining whether a referendum election is required to be conducted in the county as provided in this section.

(b)  The Legislature finds that the residents of counties that already have at least two (2) existing pemitted nonhazardous solid waste sanitary landfills that are actively receiving household waste have a greater interest in determining whether another such landfill will be located in their county than those in counties with fewer such landfills and therefore should have the right to have direct input on that determination through a referendum election as provided in this section."

AMEND FURTHER on lines 248 and 263 by inserting the following language after the word "landfills":  "that are actively receiving household waste"

AMEND FURTHER on line 248 by changing the words "shall be" to "has been"

AMEND FURTHER on line 303 by changing the word "chapter" to "section"

AMEND FURTHER the title on lines 5 and 11 by inserting the following language after the word "LANDFILLS":  "THAT ARE ACTIVELY RECEIVING HOUSEHOLD WASTE"