Laserfiche WebLink
August 31, 2010 <br />Mr. Ben Frei <br />Certificate of Designation Application for Frei-Henderson Inert Landfill <br />Completeness Review Determination: Complete <br />Page 2 <br />comprehensive land use plan and zoning restrictions, if any. Any technical conditions of approval <br />made by the Department in its final report shall be incorporated as requirements in the certificate of <br />designation. The application, report of the Department, comprehensive land use plan, relevant zoning <br />ordinances, and other pertinent information shall be presented to the governing body having <br />jurisdiction at a public hearing to be held after notice. Such notice shall contain the time and place of <br />the hearing, shall state that the matter to be considered is the applicant's proposal for a solid wastes <br />disposal site and facility, shall provide a description of such proposed site and facility, and shall <br />provide a description of the geographic area that is within three miles of such proposed site and <br />facility. The notice shall be published in a newspaper having general circulation in the county or <br />municipality in which the proposed solid wastes disposal site and facility is located at least ten but no <br />more than thirty days prior to the date of the hearing. In addition, the notice of such public hearing <br />shall be posted at a conspicuous point in at lease` one location at the offices of the governing body <br />having jurisdiction and in at least one location at the proposed site. Such notice shall be posted for a <br />period beginning at least thirty days before the public hearing and continuing through the date ofsuch <br />hearing. <br />(b) At the public hearing held pursuant to the provisions of this subsection (3), the governing body <br />shall hear any written or oral testimony presented by governmental entities and residents concerning <br />such proposed site or facility. All such testimony shall be considered by the governing body having <br />jurisdiction in making a decision concerning such application. For the purposes of this subsection (3) <br />"residents" means all individuals who reside within the geographic area controlled by the governing <br />body having jurisdiction or within three miles of the proposed site and facility or who own property <br />which lies within three miles of such proposed site and facility without regard to which county or <br />municipality such individuals reside within. " <br />Please note that the Division's decision concerning completeness only indicates that the DOP generally <br />addresses the major requirements in the Solid Waste Regulations. The Division's decision concerning <br />completeness does not imply or indicate anything about the outcome of the comprehensive technical <br />review, nor does it preclude the Division from requiring the applicant to provide additional information <br />or clarification of items in the application. In fact, based on our preliminary review of the DOP, the <br />Division requires additional information and/or more detail regarding, but not limited to, the following <br />-- listed-issues/preliminary-comments.-'he Divi_ on's_pr_el_itninai:_y eomments_areprovided herein for the <br />purpose of expediting the review process. The following listed items (other than general comments)) <br />refer to section numbers in the DOP. <br />1. General Comment #1: Based on the design concepts presented in the DOP and the <br />hydrogeologic conditions at the site, the Division is unlikely to approve coal ash for disposal at <br />the proposed facility. The Division will consider a request to beneficially use coal ash at the <br />site with proper demonstration of beneficial use and environmental protection (see Comments <br />#2, #8, and #9). <br />2. General Comment #2: The Division will not allow placement of asphalt-containing material <br />or coal ash-containing material (if approved as a beneficial use) below the groundwater table. <br />The DOP shall: (1) identify the seasonal-high, non-dewatering-influenced groundwater table,