Section 27-1109. State siting requirements

1.  Within  one  year  from  the  adoption  of the plan required to be
  prepared pursuant  to  section  27-1102  of  this  title,  and  annually
  thereafter,  the  department shall review the implementation of the plan
  including  the  status  of  all  existing  facilities  and  all   permit
  applications  for  new or expanded industrial hazardous waste treatment,
  storage, or disposal facilities.
    2. If, upon completion of its annual review, the department finds that
  existing facilities alone or in combination with one or more pending  or
  approved  facility  permit  applications  are  sufficient  to  meet  the
  schedule identified pursuant to subdivision eight of section 27-1102  of
  this  title  the  department  shall  so  notify  the legislature and the
  governor, in writing,  identifying  such  existing  facilities  and  new
  facility  applications  pending or approved, and stating that no further
  action is necessary on the part of the state.
    3. If, upon completion of its annual review, the department finds that
  existing facilities alone or in combination with one or more pending  or
  approved new facility permit applications are not sufficient to meet the
  schedule  identified pursuant to subdivision eight of section 27-1102 of
  this title, the department shall  so  notify  the  legislature  and  the
  governor  in  writing identifying in such notice the specific facilities
  needed to meet such schedule.
    4. Upon  such  finding  the  department  shall,  consistent  with  its
  responsibilities  under  this  title, immediately undertake measures and
  actions to assist any interested potential  industrial  hazardous  waste
  treatment, storage and disposal facility owners and operators in finding
  an  appropriate  site  or  sites,  and  shall  hold  public  hearings or
  briefings  designed  to  encourage   and   facilitate   discussion   and
  negotiations among such potential owners and operators and any potential
  host community for any such facilities.
    5.  Within  six  months  of a finding pursuant to subdivision three of
  this section, the department shall report in writing to the governor and
  legislature  detailing  the  measures  and  actions  taken  pursuant  to
  subdivision  four  of  this section and whether or not such actions have
  resulted in the filing of facility  permit  applications  sufficient  to
  meet  the  schedule  identified pursuant to subdivision eight of section
  27-1102 of this title. If such  actions  and  measures  have  failed  to
  result in filings sufficient to meet such schedule, the department shall
  include   in   its   report   the  reasons  for  such  failure  and  its
  recommendations on the actions necessary to meet such schedule including
  a  determination  as  to  the  necessity  for  the  state  through   the
  environmental  facilities  corporation under its existing powers or some
  other mechanism  to  initiate  the  siting  and  construction  of  those
  facilities necessary to meet such schedule.
    6.  Notwithstanding  any  other  provision  of  this  title, no new or
  pending application for a disposal facility subject to  section  27-1105
  of  this  title  shall  be  deemed  complete  until  the  department has
  determined such application is consistent with the facility siting  plan
  adopted pursuant to section 27-1102 of this title.