§342H-52 Prohibitions; buffer zones. (a) No person, including the State or any county, shall construct, operate, modify, expand, or close a municipal solid waste landfill unit, or any component of a municipal solid waste landfill unit, without first obtaining a permit from the director. All permits for municipal solid waste landfill units shall be subject to any terms and conditions that the director determines are necessary to protect human health or the environment.
(b) No person, including the State or any county, shall construct, modify, or expand a waste or disposal facility including a municipal solid waste landfill unit, any component of a municipal solid waste landfill unit, a construction and demolition landfill unit, or any component of a construction and demolition landfill unit without first establishing a buffer zone of no less than one-half mile around the waste or disposal facility. This subsection shall not apply to the continued operation of an existing waste or disposal facility that is properly permitted; provided that continued operation does not require physical expansion, vertical or horizontal, of the facility requiring additional permitting review and a permit modification.
For the purposes of this subsection:
"Buffer zone" means the distance between the edge of waste or waste activity and the nearest residential, school, or hospital property line.
"Waste or disposal facility" excludes individual, state certified, non-industrial redemption centers. [L 1992, c 245, pt of §1; am L 2020, c 73, §2]