| 2. Public hearing. The department may hold an adjudicatory |
| public hearing within the municipality in which the facility may |
| be located or in a convenient location in the vicinity of the |
| proposed facility. The department shall hold an adjudicatory |
| public hearing on an application for a new or expanded commercial |
| or state-owned solid waste disposal facility that accepts special |
| waste upon request from a resident or a property owner in the |
| municipality in which the proposed facility is located. Upon a |
| timely request for an adjudicatory hearing from 5 or more |
| residents in the municipality in which the facility is located or |
| abutting property owners of the facility, the commissioner shall |
| hold an adjudicatory public hearing on an application for a |
| vertical increase in the approved final elevation that would |
| increase the waste disposal capacity of a commercial or state- |
| owned solid waste disposal facility that accepts special waste or |
| the commissioner shall request that the board assume jurisdiction |
| in accordance with section 344, subsection 2-A.__At a hearing on |
| an application for a vertical increase in the approved final |
| elevation that would increase the waste disposal capacity, the |
| testimony is limited to issues related to relevant standards of |
| review under chapter 13, subchapter 1-A. The hearing must be |
conducted in accordance with Title 5, chapter 375, subchapter IV |
| 4. Administrative expenses of a hearing held pursuant to this |
| subsection and all costs incurred by the |
