Private Acts of 1990 Chapter 211

SECTION 1. No permit or registration shall be granted for any new solid waste processing facilities or disposal facilities or sites in Lawrence County if the permit or registration application has been submitted by a county or municipality located outside of the boundaries of Lawrence County unless the county legislative body of Lawrence County approves such solid waste processing facility or disposal facility or site in accordance with Section 2.

SECTION 2.

(a) The county legislative body of Lawrence County shall approve or disapprove such solid waste processing facility or disposal facility or site in accordance with the following criteria:

(1) The type of waste to be disposed of at the facility or site;

(2) The method of disposal to be used at the facility or site;

(3) The projected impact on surrounding areas from noise and odor created by the proposed facility or site;

(4) The projected impact on property values on surrounding areas created by the proposed facility or site;

(5) The adequacy of existing roads and bridges to carry the increased traffic projected to result from the proposed facility or site;

(6) The economic impact on the county;

(7) The compatibility with existing development or zoning plans; and

(8) Any other factor which may affect the public health, safety or welfare.

(b) Judicial review of the legislative body's determination shall be a de novo review before the chancery court for Lawrence County.

SECTION 3. This act shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of Lawrence County. Its approval or nonapproval shall be proclaimed by the presiding officer of the legislative body of Lawrence County and certified by him to the Secretary of State.

SECTION 4. For the purpose of approving or rejecting the provisions of this act, it shall be effective upon becoming law, the public welfare requiring it. For all other purposes, it shall become effective as provided in Section 3.

Passed: April 12, 1990.