Title 17 LAND USE
Chapter 17.176
HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITE CERTIFICATE OF DESIGNATION
17.176.100 Revocation or Suspension.
Any certificate issued by the County pursuant to the Act and these regulations
is subject to revocation or suspension for those violations outlined in the Act.
Notice of revocation or suspension shall be sent in writing to the certificate
holder at the address on file with the Planning and Development Office. Copies
of all such notices shall be sent to the owner and operator of the subject
incinerator or processor. The notice shall indicate the violation and any time
period, if applicable, for correction of the violation. Depending upon the
severity or urgency of the violation, a certificate may be summarily suspended,
pending hearing, as deemed appropriate by the County. Notices will indicate
whether operations must stop immediately, or continue until completion of the
hearing. The Board of County Commissioners may cancel the hearing on the matter
if the violation is corrected to the satisfaction of the County prior to the
scheduled hearing date.
Hearings on any revocation or suspension shall be held within sixty (60) days of
the date of mailing of the notice. The hearing shall be conducted by the Board
of County Commissioners in accordance with the provisions of
Section
17.176.080. At any such hearing, all information, evidence, allegations and
arguments supporting the alleged violation shall be presented to the Board of
County Commissioners. The certificate holder shall have an opportunity to
contest the matter and present its own information, evidence and arguments. The
hearing may be continued until all matters of dispute are properly addressed to
the satisfaction of the Board of County Commissioners.
The Board of County Commissioners will give its decision on the matter within
thirty (30) days after the conclusion of the hearing.
The certificate holder shall correct any matter found by the Board of County
Commissioners to be a violation, and correct it in accordance with the terms of
the Board’s decision. The certificate holder shall have the burden of notifying
the County and proving correction of the violation. The County may inspect the
incinerator or processor, or the records or the certificate holder, operator or
owner to verify correction. Additional hearings may be conducted by the County
if needed. The County may restore the certificate if the violation is found to
be corrected.