Ga. Comp. R. & Regs. R. 110-4-3-.05 - Minimum Procedural Standards | State Regulations | US Law

(1) General: Pursuant to O.C.G.A. § 12-8-31.1, the Department has established minimum procedural standards for use in the preparation, submittal, review, adoption update, and amendment of local, multi-jurisdictional, and regional solid waste management plans.

(2) Compliance with Standards: The Georgia Comprehensive Solid Waste Management Act established a deadline for complying with the Minimum Planning Standards and Procedures for Solid Waste Management. The Department shall maintain the official list of governments that are eligible for municipal solid waste disposal facility and/or solid waste handling facility or recycling equipment grants, loans, and permits based on their compliance with these standards, and shall regularly update the list.

(a) Local governments shall prepare, maintain and update, submit for review, and subsequently adopt a solid waste management plan that meets the Minimum Standards and Procedures approximately every ten years in accordance with a schedule established by the Department.

(b) Local governments shall prepare, maintain and update, submit for review, and subsequently adopt a Short-Term Work Program that meets the Minimum Standards and Procedures approximately every five years in accordance with a schedule established by the Department.

(c) Permit requests and applications for solid waste grants and loans must be consistent with programs and facilities identified in the solid waste plan and short-term work program updates.

(3) Public Participation for Plan and Plan Updates: All local governments developing and updating solid waste management plans, plan amendments, and short-term work program updates are required to provide adequate opportunity for public participation in the planning process.

(a) Based on the need established in the State Solid Waste Management Plan, local governments may create Solid Waste Citizen Advisory Councils to assist in plan development.

(b) All local governments must hold a minimum of two public hearings prior to the submittal of their draft solid waste management plan to the Regional Development Center for review. At a minimum, the two hearings will be held 30 days apart to allow for the development of the draft plan. For multi-jurisdictional or regional plans, the two public hearings may be held on behalf of all participating jurisdictions and at a central location in the area served by the plan, as long as the individual governments have followed their public hearing notice procedures and representatives from each jurisdiction were duly notified of the hearing.

1. At least one public hearing must be held prior to the development of the solid waste management plan to inform the public about the purpose of the plan and the process to be followed in the preparation of the solid waste management plan, as well as to elicit community input on needs and goals.

2. At least one additional hearing must be held no sooner than 30 days after the initial public hearing and prior to the submittal of the draft solid waste management plan to the Regional Development Center for review. The purpose of this hearing is to brief the community on the contents of the draft plan, to provide an opportunity for residents to make suggestions, additions or revisions, and to inform the community of when the draft solid waste management plan will be submitted to the Regional Development Center for review. The draft solid waste management plan must be made accessible to the public at the time of announcement of the second public hearing.

3. Local governments should follow the public hearing notification procedures they normally use in announcing and conducting public hearings. A press release may also be issued to stimulate public interest.

(4) Plan Submittal:

(a) The governing body of the submitting local government, or governments for multi-jurisdictional or regional plans, must take official action, by resolution, authorizing the transmittal of the draft solid waste management plan to the Regional Development Center for review and certifying that the minimum public participation requirements have been met.

(b) The Regional Development Center shall review solid waste management plan for internal inconsistencies and potential inter-jurisdictional conflicts or conflicts with other local government plans in the region, including but not limited to the local government Comprehensive Plan(s) and the State solid waste management plan. The procedures to be used by a Regional Development Center in reviewing a draft solid waste management plan(s) are as follows:

1. Within 10 days of receipt of a draft solid waste management plan, the Regional Development Center shall forward a copy of the draft plan to the Department and notify the parties listed below of the availability of the plan for review and comment. This notification shall include, at a minimum, the name(s) of the submitting local government(s); the date of plan submittal; a one-paragraph summary of the major elements of the plan and a date when written comments must be submitted to the RDC.

(i) Local governments within the region that are contiguous to the submitting local government(s) and other local governments within the region that are likely to be affected by the plan; and

(ii) Local governments outside the region that are contiguous to the submitting local government(s) and their Regional Development Center(s).

(iii) The Department and the State Agencies listed on the State Government Contacts for Notification of Solid Waste Management Plan Review list maintained by the Department and periodically sent to RDC Directors.

2. Within 25 days after receipt of the draft solid waste management plan, the Regional Development Center may, at its discretion, conduct a regional review hearing at which any local government, Regional Development Center, or State agency may present its views on the submitted solid waste management plan.

3. Within 40 days after receiving the draft solid waste management plan, the Regional Development Center shall:

(i) Complete and finalize their review of the draft plan for internal inconsistencies and potential inter-jurisdictional conflicts or conflicts with other local government plans in the region, including but not limited to the local government's Comprehensive Plan and the State solid waste management plan. Upon completing the review the Center shall:

(I) Notify the Department and local government(s) of any identified conflicts in the draft plan and work with the affected parties to offer specific suggestions that would resolve the conflicts. If the potential conflicts can not be resolved within 40 days after receiving the draft plan, the Center shall notify the Department; or

(II) Notify the Department that the draft plan has been reviewed and no internal inconsistencies, potential inter-jurisdictional conflicts, or conflicts with other local government plans in the region, including but not limited to the local government's Comprehensive Plan and the State solid waste management plan were found.

(ii) Identify opportunities for cooperation and/or coordination with plans of local governments within the region, plans of contiguous local governments outside the region, or any regional solid waste management plan. The Center shall forward these comments in writing along with the plan consistency review findings noted above to the Department.

(c) Department Plan Review.

1. Upon receiving the RDC's findings and within 60 days of the RDC having received the draft plan, the Department shall review the plan and determine if it complies with the minimum planning standards and procedures for solid waste management. The Department shall:

(i) Notify the RDC that the draft plan has been reviewed and meets the minimum planning standards and procedures; or

(ii) Notify the RDC that the draft plan does not meet the minimum planning standards and procedures, noting the specific deficiencies in the draft plan.

2. Within 10 days after receiving the Department's review findings, the Regional Development Center shall notify the local government(s) of the findings. A submitting local government that disagrees with the findings may petition the Regional Development Center for a "reconsideration hearing". This hearing shall be scheduled within 15 days after receipt of such a request and held by the Regional Development Center and the Department. Within 10 days after the reconsideration hearing, the Regional Development Center shall either continue or modify the original findings, based upon the Department's ruling, and provide written notice of the decision to the submitting local government.

3. The Department shall make the final determination as to whether a solid waste management plan is in compliance with the Minimum Standards and Procedures.

(d) Plan Review Notification & Plan Adoption.

1. If the Department determines that the plan meets the Minimum Standards and Procedures, the local government may:

(i) Adopt the plan as submitted if no suggestions for improvements are made by either the Regional Development Center or the Department; or

(ii) Adopt the plan, with or without any advisory suggested improvements made by either the Regional Development Center or the Department.

(iii) To be considered an "eligible local government," a local government shall not adopt a draft solid waste management plan until they receive a letter indicating the Department has reviewed the draft plan and found it to be consistent with the minimum planning standards and procedures.

2. If the Department determines that the plan does not meet the Minimum Standards and Procedures, the local government may:

(i) Revise the plan based upon the Regional Development Center's or the Department's comments and submit the proposed revisions to the Regional Development Center and Department for review;

(ii) Disagree with the Regional Development Center's and Department's findings and request a reconsideration hearing; or

(iii) Disagree with the determination and adopt the plan as originally submitted. However, for a local government to be eligible for municipal solid waste disposal facility and/or solid waste handling equipment or recycling equipment grants, loans, and permits, the solid waste management plan adopted must be in compliance with the Minimum Standards and Procedures for solid waste management.

3. After notifying the local government(s) of the draft plan review findings, the Regional Development Center shall work with the local government(s) to ensure the timely adoption of the reviewed draft solid waste management plan. If one or more governments participating in a multi-jurisdictional or regional solid waste plan fails to adopt the plan within 60 days of approval by the Department, the Regional Development Center will determine whether that failure to adopt will negatively affect the other jurisdictions' ability to effectively implement the plan. If there is no negative effect, then the Regional Development Center will recommend to the Department that the jurisdictions adopting the plan receive full eligibility for solid waste grants, loans, and permits. If the Regional Development Center determines that non-adoption by one or more jurisdictions in the plan will have a negative effect on plan implementation, then the Regional Development Center will initiate negotiation and/or mediation between affected jurisdictions. Subsequent to the negotiation and mediation process, jurisdictions failing to adopt a multi-jurisdictional plan will be responsible for preparing their own individual solid waste management plan(s).

4. The governing body of the submitting local government shall notify the Regional Development Center, in writing, within seven days of the adoption of the approved plan. No such adoption shall occur until 60 days after the plan is first submitted to the Regional Development Center for review, 90 days if reconsideration is requested, or unless an express written waiver by the Department is issued. All local governments included in a plan must adopt the plan to be eligible for grants, loans, and permits, unless a written waiver has been granted.

5. The Regional Development Center shall send copies to the Department of all notices of local government adoption within seven days after receiving notification from all the jurisdiction(s) party to a plan that the approved plan has been adopted.

6. Once the Department has received copies of the local government's notice of adoption of the approved solid waste management plan from the Regional Development Center, the Department will issue a letter of eligibility for solid waste permits, grants, and loans to the local governments within the planning area.

7. Notwithstanding anything to the contrary herein, the Department, having plenary authority over the plan approval process, reserves the right to make an independent decision based upon the Minimum Standards and Procedures.

(e) Informal or formal mediation of conflicts relating to local solid waste management plans may be initiated by the Regional Development Center in accordance with the procedures adopted pursuant to the Georgia Solid Waste Management Act.

(5) Updates to Solid Waste Management Plans.

(a) All local governments shall prepare and submit a complete update to the approved solid waste management plan at least once every ten years in accordance with a schedule established by the Department, in addition to the five-year update to the Short Term Work Program. If any significant solid waste facility or program changes take place within a jurisdiction, an update to the solid waste plan should be initiated to encompass the resultant actions that a major change in facilities or programs will create.

(b) Five-Year Short-Term Work Program (STWP): Local governments shall prepare and submit an update to their Implementation Strategy every five years. This update shall include (1) a report of plan accomplishments that must identify the current status of each activity in the existing Short-Term Work Program and (2) a new Short-Term Work Program covering the next five-year planning period. Each STWP update must also include an assurance that the local government(s) have ten years of disposal capacity. An updated version of the documentation submitted with a full Solid Waste Management Plan must be submitted with a Short-Term Work Program update. For the report of accomplishments the local governments shall, at a minimum, indicate activities that:

(a) have been completed;

(b) are currently underway, including an anticipated project completion date if applicable;

(c) have been postponed, with justification; and

(d) have not been accomplished and are no longer being considered for implementation, again with justification and documentation that the basic tenets of the plan are still intact.

(6) STWP Submittal.

(a) The governing body of the submitting local government, or governments for multi-jurisdictional or regional plans, must take official action, by resolution, authorizing the transmittal of the draft STWP to the Regional Development Center for review and certifying that the minimum public participation requirements have been met.

(b) The Regional Development Center shall review each STWP for internal inconsistencies and potential inter-jurisdictional conflicts or conflicts with other local government plans in the region, including but not limited to the local government Comprehensive Plan(s) and the State solid waste management plan. The procedures to be used by a Regional Development Center in reviewing a draft STWP are as follows:

1. Within 10 days of receipt of a draft STWP, the Regional Development Center shall forward a copy of the draft STWP to the Department and notify the parties listed in (i) through (iii) below of the availability of the STWP for review and comment. This notification shall include, at a minimum, the name(s) of the submitting local government(s); the date of STWP submittal; a one-paragraph summary of the major elements of the STWP and a date when written comments must be submitted to the RDC.

(i) Local governments within the region that are contiguous to the submitting local government(s) and other local governments within the region that are likely to be affected by the STWP; and

(ii) Local governments outside the region that are contiguous to the submitting local government(s) and their Regional Development Center(s).

(iii) The Department and the State Agencies listed on the State Government Contacts for Notification of Solid Waste Management Plan Review list maintained by the Department and periodically sent to RDC Directors.

2. Within 25 days after receipt of the draft STWP, the Regional Development Center may, at its discretion, conduct a regional review hearing at which any local government, Regional Development Center, or State agency may present its views on the submitted STWP.

3. Within 40 days after receiving the draft STWP, the Regional Development Center shall:

(i) Complete and finalize their review of the draft STWP for internal inconsistencies and potential inter-jurisdictional conflicts or conflicts with other local government plans in the region, including but not limited to the local government's Comprehensive Plan and the State solid waste management plan. Upon completing the review the Center shall:

(I) Notify the Department and local government(s) of any identified conflicts in the draft STWP and work with the affected parties to offer specific suggestions that would resolve the conflicts. If the potential conflicts can not be resolved within 40 days after receiving the draft STWP, the Center shall notify the Department; or

(II) Notify the Department that the draft STWP has been reviewed and no internal inconsistencies, potential inter-jurisdictional conflicts, or conflicts with other local government plans in the region, including but not limited to the local government's Comprehensive Plan and the State solid waste management plan were found.

(ii) Identify opportunities for cooperation and/or coordination with plans of local governments within the region, plans of contiguous local governments outside the region, or any regional solid waste management plan. The Center shall forward these comments in writing along with the STWP consistency review findings noted in section 1 above to the Department.

(c) Department STWP Review.

1. Upon receiving the RDC's findings and within 60 days of the RDC having received the draft STWP, the Department shall review the STWP and determine if it complies with the minimum planning standards and procedures for solid waste management. The Department shall:

(i) Notify the RDC that the draft STWP has been reviewed and meets the minimum planning standards and procedures; or

(ii) Notify the RDC that the draft STWP does not meet the minimum planning standards and procedures, noting the specific deficiencies in the draft STWP.

2. Within 10 days after receiving the Department's review findings, the Regional Development Center shall notify the local government(s) of the findings. A submitting local government that disagrees with the findings may petition the Regional Development Center for a "reconsideration hearing". This hearing shall be scheduled within 15 days after receipt of such a request and held by the Regional Development Center and the Department. Within 10 days after the reconsideration hearing, the Regional Development Center shall either continue or modify the original findings, based upon the Department's ruling, and provide written notice of the decision to the submitting local government.

3. The Department shall make the final determination as to whether a STWP is in compliance with the Minimum Standards and Procedures.

(d) STWP Review Notification & STWP Adoption.

1. If the Department determines that the STWP meets the Minimum Standards and Procedures, the local government may:

(i) Adopt the STWP as submitted if no suggestions for improvements are made by either the Regional Development Center or the Department; or

(ii) Adopt the STWP, with or without any advisory suggested improvements made by either the Regional Development Center or the Department.

(iii) To be considered an "eligible local government," a local government shall not adopt a draft STWP until they receive a letter indicating the Department has reviewed the draft STWP and found it to be consistent with the minimum planning standards and procedures.

2. If the Department determines that the STWP does not meet the Minimum Standards and Procedures, the local government may:

(i) Revise the STWP based upon the Regional Development Center's or the Department's comments and submit the proposed revisions to the Regional Development Center and Department for review;

(ii) Disagree with the Regional Development Center's and Department's findings and request a reconsideration hearing; or

(iii) Disagree with the determination and adopt the STWP as originally submitted. However, for a local government to be eligible for municipal solid waste disposal facility and/or solid waste handling equipment or recycling equipment grants, loans, and permits, the STWP adopted must be in compliance with the Minimum Standards and Procedures for solid waste management.

3. After notifying the local government(s) of the draft STWP review findings, the Regional Development Center shall work with the local government(s) to ensure the timely adoption of the reviewed draft short-term work program. If one or more governments participating in a multi-jurisdictional or regional STWP fails to adopt the STWP within 60 days of approval by the Department, the Regional Development Center will determine whether that failure to adopt will negatively affect the other jurisdictions' ability to effectively implement the STWP. If there is no negative effect, then the Regional Development Center will recommend to the Department that the jurisdictions adopting the STWP receive full eligibility for solid waste grants, loans, and permits. If the Regional Development Center determines that non-adoption by one or more jurisdictions in the STWP will have a negative effect on plan implementation, then the Regional Development Center will initiate negotiation and/or mediation between affected jurisdictions. Subsequent to the negotiation and mediation process, jurisdictions failing to adopt a multi-jurisdictional STWP will be responsible for preparing their own individual solid waste management plan(s).

4. The governing body of the submitting local government shall notify the Regional Development Center, in writing, within seven days of the adoption of the approved STWP. No such adoption shall occur until 60 days after the STWP is first submitted to the Regional Development Center for review, 90 days if reconsideration is requested, or unless an express written waiver by the Department is issued. All local governments included in a STWP must adopt the plan to be eligible for grants, loans, and permits, unless a written waiver has been granted.

5. The Regional Development Center shall send copies to the Department of all notices of local government adoption within seven days after receiving notification from all the jurisdiction(s) party to a plan that the approved STWP has been adopted.

6. Once the Department has received copies of the local government's notice of adoption of the approved STWP from the Regional Development Center, the Department will issue a letter of eligibility for solid waste permits, grants, and loans to the local governments within the planning area.

7. Notwithstanding anything to the contrary herein, the Department, having plenary authority over the plan approval process, reserves the right to make an independent decision based upon the Minimum Standards and Procedures.

(e) Informal or formal mediation of conflicts relating to local solid waste management plans may be initiated by the Regional Development Center in accordance with the procedures adopted pursuant to the Georgia Solid Waste Management Act.

(7) Amendments. The Minimum Planning Standards and Procedures for Solid Waste Management provide for plan amendments and apply to local, multi-jurisdictional, and regional plans. Generally, a local government solid waste management plan would be subject to an amendment when:

(1) the conditions or policies on which the original plan were based have changed significantly so as to alter the basic tenets of the approved plan; or

(2) when proposed changes have an effect on another local government.

(a) Minor Amendments. It is not intended that every minor amendment to an approved solid waste management plan be submitted to a Regional Development Center and the Department for review and approval. Proposed amendments which are strictly local in nature and do not have an effect on another local government or change the basic tenets of a solid waste management plan need not be submitted to the Regional Development Center or the Department for review. However, a summary of minor amendments must be submitted annually to the Regional Development Center and the Department along with a statement by the local government(s) that the individual and cumulative effects of the minor amendments do not significantly alter the basic tenets of the approved plan. When in doubt as to whether a proposed amendment qualifies for Regional Development Center and Department review, local governments should always consult with their Regional Development Center. For minor plan amendments, one local public hearing (conducted by the local government(s) proposing the amendment) may be held to inform the public of the intended amendment to the plan and to receive suggestions and comments on the proposed amendment. Local governments should follow their own procedures normally used for announcing and conducting local public hearings if it is decided that a local public hearing is needed.

(b) Major Amendments. Major plan amendments that must be submitted to the Regional Development Center and Department for review include any changes that would alter the basic tenets of the plan or affect another local government. At a minimum, major plan amendments would include:

1. Changes that affect a local government(s) assurance of 10-year collection capability;

2. Changes that affect a local government(s) assurance of 10-year disposal capacity;

3. Changes that affect a local government(s) strategy for achieving the 25% waste reduction goal;

4. Changes that would alter the identification of land areas unsuitable for a solid waste handling facility; or

5. Changes in any solid waste facilities, such as new facilities or major modifications of existing facilities requiring EPD permits. The above list of potential items that may constitute a major plan amendment is not inclusive. Local governments should consult with their Regional Development Center or the Department if there is any question about whether a proposed amendment should be considered a major amendment.

(c) For major plan amendments the following procedure applies:

1. One local public hearing must be held by the local government(s) proposing the amendment to inform the public of the intended amendment to the plan and to receive suggestions and comments on the proposed amendment. A written copy of the proposed amendment(s) must be available at this public hearing so that the public will clearly know what changes are being proposed.

2. Local governments should follow the notification procedures normally used for announcing and conducting local public hearings.

3. For multi-jurisdictional and regional plans, one centrally-held public hearing by the jurisdiction(s) proposing the amendment will be considered adequate in meeting this requirement, provided that the individual local government(s) have followed their customary public hearing notice procedures and all local governments party to the plan have been notified.

4. The local government submitting the amendment is required to take official action, by resolution, authorizing the transmittal of the proposed amendment(s) to the Regional Development Center and Department for review. The resolution, at a minimum, should state that local public hearing requirements were met. For multi-jurisdictional or regional plan amendment(s), local governments must also send the Regional Development Center a statement identifying the local government(s) included in the plan that could potentially be affected by the proposed amendment.

5. The Regional Development Center and Department review procedures for major amendments are essentially the same as those review procedures established for new solid waste management plans.

6. In addition to the review procedures for major plan amendments, the Regional Development Center must include in any favorable report of Findings and Recommendations a statement for all local governments included in the plan that the proposed plan amendment does not negatively affect compliance with the following items: the 10-year collection capability; 10-year disposal capacity; the strategy for achieving a 25% reduction goal; the identification of land areas unsuitable for solid waste facilities; and any solid waste facilities requiring EPD permits.

7. In the event that a proposed amendment negatively affects another local government's compliance with the Minimum Planning Standards and Procedures, the affected local government must also take the appropriate action to amend its plan. The Regional Development Center shall inform the affected local government(s) of the solid waste management plan deficiencies that will exist if the proposed amendment is adopted and of the procedure for correcting those deficiencies.

8. Once the major amendment is approved by the Department and adopted locally, the Department will issue a letter to the local government(s) notifying each of its continued status of eligibility to apply for solid waste permits, grants and loans.

9. It is the Regional Development Center's responsibility to review any multi-jurisdictional and regional solid waste management plan amendment(s) for interjurisdictional effects and make recommendations for appropriate action to local governments, when needed.

10. Provided that all of these requirements have been met, local government(s) can proceed with adoption of the plan amendment.

11. If conflicts are identified during the plan amendment review process, the affected local governments should make every attempt to resolve the conflict(s) informally. If this does not prove to be effective, formal mediation, as provided for in the procedures for Mediation of Interjurisdictional Conflicts, may be initiated by any affected local government.

Ga. Comp. R. & Regs. R. 110-4-3-.05 - Minimum Procedural Standards

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