§ 27-1105. Siting industrial hazardous waste facilities.\n 1. After the publication of siting criteria pursuant to subdivision\none of section 27-1103 of this title, no person may commence\nconstruction or operation of the following industrial hazardous waste\ntreatment, storage and disposal facilities, hereinafter referred to as\n"facility", without having received a certificate of environmental\nsafety and public necessity from the facility siting board as\nhereinafter provided: (a) any new off-site facility;\n (b) any new commercial facility, wherever situated;\n (c) any new incineration facility, wherever situated;\n (d) any new land disposal facility, wherever situated; and\n (e) any expansion, wherever situated, of the aggregate land disposal\ncapacity of an existing land disposal facility.\n 2. Notwithstanding the provisions of subdivision one of this section,\nthe following industrial hazardous waste treatment, storage and disposal\nfacilities shall not be subject to the provisions of this title:\n (a) A facility that does not require permits pursuant to title nine of\nthis article;\n (b) A land disposal facility located at the site of an existing land\ndisposal facility where both the existing facility is or was and the\nproposed facility will be used solely for the disposal of\nnon-incinerable residues from the on-site thermal destruction or\nchemical or aqueous treatment of wastes generated at the site of such\nfacilities;\n (c) A facility that has been determined by the department to have no\nsignificant environmental impact pursuant to article eight of this\nchapter; and\n (d) Additional facilities, other than land disposal facilities, to be\nlocated at the site of an existing facility, the operation of which will\nbe substantially similar to that of the existing facility with respect\nto the mode of waste management and the type and quantity of hazardous\nwaste being managed.\n 3. To obtain the certificate of environmental safety and public\nnecessity required pursuant to subdivision one of this section, the\nfollowing procedures shall be followed:\n (a) An application must be submitted to the department in the form\nrequired pursuant to subdivisions one and three of section 27-1103 of\nthis title.\n (b) On or before fifteen calendar days after the receipt of such\napplication, the department shall mail written notice to the applicant\nwhether or not the application is complete. If the application is not\ncomplete, the provisions of paragraphs (c) and (d) of subdivision one of\nsection 70-0109 of this chapter shall be applicable. If, or when, the\napplication is complete, the department shall, concurrent with\nnotification to the applicant, send the application and written notice\nto the office of the governor requesting that a facility siting board be\nconstituted consistent with this subdivision.\n (c) Immediately upon determining that an application is complete, the\ndepartment shall cause a notice of application to be published in the\nnext available environmental notice bulletin which shall be not later\nthan ten calendar days after the date of such notice and shall provide\nnotice to the chief executive officer of each municipality in which the\nproposed project is located, and may direct the applicant to provide\nsuch reasonable notice and opportunity for comment to the public as the\ndepartment deems appropriate. Such notice shall also be given to all\nproperty owners of record within three hundred feet of the subject\nfacility. In addition, notice shall be published in at least two\nnewspapers having a general circulation in the area in which the\nproposed activity is located, and in contiguous areas potentially\naffected by the proposed action.\n (d) On or before fifteen calendar days after the receipt of such\nnotification the governor shall constitute a facility siting board to be\ncomposed of the commissioners of transportation, environmental\nconservation, health and commerce, the sec
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