§342G-24 Submission schedule for revised integrated solid waste management plans. (a) Each state-approved county plan shall be revised and submitted to the office on the following schedule:
(1) The first revised plan shall be submitted to the office not later than four years after July 1, 1991; and
(2) Subsequent revised plans shall be submitted to the office once every ten years; provided that an interim status report on the implementation of a revised plan shall be submitted five years after every submission of a revised plan to the office.
All revised plans shall be consistent with the requirements of this chapter.
(b) Not less than one hundred and twenty days prior to the submission of a revised plan to the office, the county shall submit a copy of the proposed revision to its county advisory committee for review and comment. All revisions determined by the county advisory committee or the office to be substantial revisions shall be subject to:
(1) At least one county public hearing prior to final submission of the revised plan to the office for review;
(2) Reconsideration and approval by the county advisory committee; and
(3) Review by the office, where the office shall approve, conditionally approve, approve specific elements or components, or disapprove the plan.
In general, any significant changes in policy, program implementation, the identification of facilities necessary to accomplish plan goals, or funding mechanisms, shall be considered substantial revisions. Deadlines for the submittal of substantial revisions shall be pursuant to the schedule outlined in this section.
(c) If neither the county advisory committee nor the office deems any changes to be substantial, then those changes shall be incorporated immediately into the plan. If any member of the public contests a determination of "lack of substantial revision", that person may appeal the determination to the director. The decision of the director shall be final.
(d) The office may require a county to modify and submit to the office an entire plan or specific elements of a plan at a date earlier than the schedule outlined in this section if:
(1) The county, in total, within the county and through access to capacity within another county, has fewer than five years of available permitted disposal capacity, and in the judgment of the office is not making sufficient progress toward developing or gaining access to new capacity; or
(2) The county fails to demonstrate a commitment to meeting the State's waste reduction goals. [L 1991, c 324, pt of §2; am L 2010, c 12, §2]