75-10-929. Decision of board -- findings necessary for certification. (1) Within 90 days after submission of the recommended decision by the department, the board shall make complete findings, issue an opinion, and render a final decision upon the record, either granting or denying the application for a certificate as filed or granting it upon terms, conditions, or modifications of the siting of the facility as the board considers appropriate.
     (2) The board may not grant a certificate either as proposed by the applicant or as modified by the board unless it finds and determines:
     (a) the nature of the probable environmental impact;
     (b) that the facility minimizes adverse environmental impact, considering the state of available technology and the nature and economics of the various alternatives;
     (c) that the location of the facility as proposed conforms to applicable state and local laws and regulations, except that the board may refuse to apply any local law or regulation if it finds that, as applied to the proposed facility, the law or regulation is unreasonably restrictive in view of the existing technology, of factors of cost or economics, or of the needs of consumers, whether located inside or outside of the directly affected government subdivisions;
     (d) that the facility will serve the public interest;
     (e) any impacts of the facility according to each of the criteria listed in 75-10-920;
     (f) the solid waste disposal needs listed in 75-10-920(4); and
     (g) that the applicant has fully mitigated the loss of wildlife habitat, through either onsite or offsite habitat improvements.
     (3) In determining that the facility will serve the public interest, the board shall consider:
     (a) the items listed in subsections (2)(a) and (2)(b);
     (b) the benefits to the applicant and the state resulting from the proposed facility;
     (c) the effects of the economic activity resulting from the proposed facility;
     (d) the effects of the proposed facility on the public health, welfare, and safety; and
     (e) any other factors that it considers relevant.

     History: En. Sec. 24, Ch. 468, L. 1991.