Summary


Two amendments to this rule were made since the last five-year review. The first amendment was made to conform the rule with S.B. 21 which was passed during the 2012 General Session. No comments were received on this amendment. The second amendment deleted Subsection R315-302-1(2)(a)(iii) which prohibited a new solid waste landfill from being located within "farmland classified or evaluated as "prime", "unique", or of "statewide importance' by the U.S. Department of Agriculture Soil Conservation Service under the Prime Farmland Protection Act". After the Division of Waste Management and Radiation Control received feedback from stakeholders that this requirement is overly broad and likely outside the agency's regulatory purview since such farmland designations are overseen by the U.S. Department of Agriculture under the authority of the Farmland Protection Policy Act (FPPA). No comments were received on this amendment. No other comments were received from any interested persons either supporting or opposing this rule during or since the last five-year review.