Sec. 14.14.03.07. Form, Terms, and Conditions of Certificate  


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  • A. The certificate shall state the following:

    (1) A statement in large print that it is a Certificate of Public Necessity;

    (2) A citation to the statutory authority for issuance;

    (3) The signatures of the Chairman and the Secretary;

    (4) The effective date and, when appropriate, a renewal date;

    (5) The purpose for which the certificate is issued;

    (6) A description of the site and proposed facility;

    (7) All terms and conditions;

    (8) Any referenced exhibits to be attached or incorporated by reference into the certificate.

    B. A complete copy of the certificate including all conditions, shall be prominently displayed by the applicant at the facility, or, before construction, at a location reasonably accessible for inspection.

    C. A certificate may be assigned or transferred only with the prior permission of the Board. The Board may require additional information and appearance before the Board.

    D. The Board shall impose terms and conditions necessary to assure that a facility and site are consistent with the purpose of the certificate and with the purposes of the Act. These terms and conditions may include but are not limited to:

    (1) The specific geographic area for which the certificate applies;

    (2) A general description of the facility including:

    (a) Facility type,

    (b) Technology to be applied in treating, storing, recycling, or disposing of hazardous waste at the facility,

    (c) Required buffer areas or buffer mechanisms,

    (d) Description of types and quantities of wastes, and

    (e) Transportation routes.

    E. During the process of obtaining any other necessary permits, the design and operation of the site or facility may be altered in such a way that it results in significantly different impacts on the site or surrounding community than were considered by the Board in its decision to issue a certificate. If this occurs, the Board shall review the changes and consider their effects. The Board may decide to revoke the certificate or change or impose new terms and conditions on the certificate as specified in§D after such hearings as may be required by law. The decision shall be within the sole discretion of the Board and shall be final. The certificate holder shall be notified as to the effectiveness of the certificate within 3 weeks after the issuance of these permits.