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Solid Waste - Demonstration of Need

Demonstration of Need (DON) refers to the criteria established for the geographical placement and allowable annual disposal rate of new and expanding solid waste management facilities. The original DON regulation was promulgated in June 2000 and on June 26, 2009, a revision to Regulation 61-107.17 SWM: "Demonstration of Need" became effective.

The DON regulation addresses commercial Class 2 landfills, andl Class 3 landfills, commercial solid waste incinerators that incinerate waste other than wood waste or yard trimmings (also known as Class 3 incinerators) and commercial solid waste processing facilities that process waste destined for disposal at Class 3 solid waste landfills. The regulation defines a facility as being “non-commercial” if it manages only the solid waste generated in the course of normal operations on property under the same ownership or control as the facility itself (i.e., “on site”). Non-commercial facilities are not required to demonstrate need. The DON regulation stipulates that where there are at least two commercial solid waste management facilities of the same type within a planning area, no new facility is allowed.

Planning area is defined as a 75 mile radius for all Class 3 landfills, Class 3 solid waste processing facilities, and Class 3 incinerators, and a 20 mile radius for all Class 2 landfills.

Demonstration of Need Maps