340A-3 Disposal of solid waste. (a) The county agency responsible for the collection and disposal of solid waste may require that all solid waste transported by the county agency, collectors, businesses or individuals be disposed of at facilities or in areas designated by the county agency if it is found to be in the best public interest; provided that agricultural solid waste and source separated waste transported for recycling purposes shall not be subject to the provisions of this section; and provided further that if regional transfer stations are designated, transportation to the stations shall be considered so as to minimize the operating costs of the collector.

The best public interest shall be found if disposal at the designated facilities or areas will:

(1) Result in reusable materials being recovered from solid waste; or

(2) Achieve the solid waste volumes necessary to meet a resource recovery facility's minimum operating requirements; or

(3) Lessen the demand for landfill sites; or

(4) Conserve natural resources.

(b) For a county that has a resource recovery facility in use or when the design for such a facility has begun, the director shall not grant a permit for other solid waste disposal activities including landfills, for a term extending beyond the planned operational date for the resource recovery facility unless the other disposal activity is to be used for one or more of the following:

(1) Disposal of ash or residue from a resource recovery facility;

(2) Disposal of solid waste which, because of its chemical or physical characteristics, is not suitable for processing at a resource recovery facility;

(3) Provide an emergency backup or overflow capacity for a resource recovery facility;

(4) Provide for solid waste disposal for those areas not served by a resource recovery facility as designated by the county agency responsible for the collection and disposal of solid waste. [L 1979, c 151, 3]


Revision Note


Subsection (a) designation added.


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