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The board shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish eligibility requirements for a local government to receive funds, if any, appropriated by the general assembly in the general appropriations act to encourage responsible waste disposal.
At a minimum, for a local government to be eligible to receive such funds, the commercial facility must be located within the jurisdiction of such local government, such facility must have a permit to operate pursuant to § 68-212-108, such facility must be constructed and operational and the following standards must be met:
The facility is multi-purpose with both land disposal capability and facilities for advanced technology, high-temperature thermal treatment;
The facility has a minimum design capacity to operate for twenty (20) years;
The facility is operated pursuant to part 1 of this chapter; and
The local government with jurisdiction over the facility does not have any zoning requirement, subdivision regulation, ordinance, regulation or other provision of law which is more stringent than state law regarding the location and operation of the facility.
If the facility is located in the jurisdiction of more than one (1) local government, the money shall be apportioned between the eligible governments.
Twenty-five percent (25%) of the funds distributed to the local government shall be earmarked for conducting tests pursuant to § 68-212-208 and for monitoring, assessing, and abating health risks and hazards associated with the commercial facility.