HB 1338, Restrictions on New Landfill Permits - Redefining 'Buffer Area'

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Bill Sponsor

Rep. Tyler Paul Smith
District 18

This legislation sets new limitations on permitting requirements for new landfills. The restrictions include; revisions to permitting within 1 mile of any government recognized historic site, and a complete restriction of permitting for sites within 2 miles of a significant ground-water recharge area.

Every application for a permit for a new landfill shall demonstrate to the [EPD] director that a need exists for the landfill in that jurisdiction, in that insufficient capacity currently exists within the region to accommodate the volume of commercial, residential, and local governmental waste.

The legislation also introduces a new code section modifying the term 'buffer area', to mean an area of natural habitat in which no residential or commercial structure exists. Including that no new private or public landfill shall exceed more than 100 acres in size, and that every new private and public landfill shall include a buffer area of not less than two square miles in every direction. 

Last Updated: 2/28/2022
Subject Area: Environment | Land Use and Annexation |
Resources: bill text
BILL STATUS
2/15/2022 - Assigned To House Committee

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