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106 <br /> (4) An applicant for a new pe ; t4e z€ efmit, et: a s4stantial <br /> amendment to a permit for a sanitary landfill shall request each local <br /> government having jurisdiction over any part of the land on which the <br /> sanitary landfill and its appurtenances are located or to be located to issue a <br /> determination as to whether the local government has in effect a franchise, <br /> zoning, subdivision, or land-use planning ordinance applicable to the <br /> sanitary landfill and whether the proposed sanitary landfill, or the existing <br /> sanitary landfill as it would be operated under the r°fiev=,e et: s4st,,, tial y <br /> permit, would be consistent with the applicable ordinances. The <br /> request to the local government shall be accompanied by a copy of the <br /> permit application and shall be delivered to the clerk of the local government <br /> personally or by certified mail. In order to serve as a basis for a <br /> determination that an application for a new r°.mit toe ..°„°,,,,,l of a <br /> s4stantial amendment to a permit for a sanitary landfill is consistent <br /> with a zoning, subdivision, or land-use planning ordinance, an ordinance or <br /> zoning classification applicable to the real property designated in the permit <br /> application shall have been in effect not less than 90 days prior to the date <br /> the request for a determination of consistency is delivered to the clerk of the <br /> local government. The determination shall be verified or supported by <br /> affidavit signed by the chief administrative officer, the chief administrative <br /> officer's designee, clerk, or other official designated by the local government <br /> to make the determination and, if the local government states that the <br /> sanitary landfill as it would be operated under the a :efi€v�=°per <br /> s4st,,, tial y amended new permit is inconsistent with a franchise, zoning, <br /> subdivision, or land-use planning ordinance, shall include a copy of the <br /> ordinance and the specific reasons for the determination of inconsistency. A <br /> copy of the determination shall be provided to the applicant when the <br /> determination is submitted to the Department. The Department shall not act <br /> upon an application for a permit under this section until it has received a <br /> determination from each local government requested to make a <br /> determination by the applicant; provided that if a local government fails to <br /> submit a determination to the Department as provided by this subsection <br /> within 15 days after receipt of the request, the Department shall proceed to <br /> consider the permit application without regard to a franchise, local zoning, <br /> subdivision, and land-use planning ordinances. Unless the local government <br /> makes a subsequent determination of consistency with all ordinances cited in <br /> the determination or the sanitary landfill as it would be operated under the <br /> ro 0 <br /> e „i.stantiall y effde new permit is determined by a court <br /> of competent jurisdiction to be consistent with the cited ordinances, the <br /> Department shall attach as a condition of the permit a requirement that the <br /> applicant, prior to construction or operation of the sanitary landfill under the <br /> permit, comply with all lawfully adopted local ordinances cited in the <br /> determination that apply to the sanitary landfill. This subsection shall not be <br /> construed to affect the validity of any lawfully adopted franchise, local <br /> zoning, subdivision, or land-use planning ordinance or to affect the <br /> responsibility of any person to comply with any lawfully adopted franchise, <br /> local zoning, subdivision, or land-use planning ordinance. This subsection <br /> shall not be construed to limit any opportunity a local government may have <br /> to comment on a permit application under any other law or rule. This <br /> subsection shall not apply to any facility with respect to which local <br /> ordinances are subject to review under either G.S. 104E-6.2 or <br /> G.S. 130A-293. <br /> (5) As used in this subdivision, "coal-fired generating unit" and "investor-owned <br /> public utility" have the same meaning as in G.S. 143-215.107D(a). <br /> Notwithstanding subdivisions (a)(4), (b 1)(3), or (b 1)(4) of this section, no <br /> franchise shall be required for a sanitary landfill used only to dispose of <br /> waste generated by a coal-fired generating unit that is owned or operated by <br /> an investor-owned utility subject to the requirements of G.S. 143-215.107D. <br /> Page 32 Session Law 2015-286 House Bill 765-Ratified <br />