A Non-Profit Organization
NORTHEAST GEORGIA REGIONAL COMMISSION
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DRI determines that the landfill is NOT in the best interest of the State and therefore the Region!
05/20/10 DRI COMMITTEE APPEAL HEARING MAKES DECISION
The DRI committee gathered today in full council to address the appeal of a 'negative finding' submitted by the Banks family accusing the board of addressing issues outside their authority. Yet the Georgia Supreme Court ruled on March 13, 2006 (Murray County Case) that local governments are authorized to consider environmental, land use, and othe factors when determining the suitability of a landfill: "we find that a local government is authorized to consider any relevant factor in determining whether a proposed facility is consistent with its SWMP".
The final and unanimous decision was that this regional landfill proposal is not in the best interest of the State and therefore the Region. The DRI committee represents the Department of Community Affairs regional arm for the state.
Letters and emails flooded the DRI committee and we thank all of you who participated.
Click to View the Banks Appeal
02/16/10 DRI WITHDRAWS THE BANKS APPLICATION
04/30/10 BANKS FAMILY APPEALS DRI DECISION
The Banks family appeals the DRI decision after being told that the regional landfill was not in the best interest of the county nor the state. According to the DRI regulations, an applicate can file an appeal to any negative decisions within 5 days of hearing for an appeal.
110-12-3-.03 DRI REVIEW PROCEDURE
(13).(a).(1) Negative Findings
"If the negative finding is not issued by resolution of the full Council, the applicant may appeal the negative finding to the full Council at it's next meeting. The appeal must be made in writing to the Regional Commission within 5 days of notification fo the negative finding. General publication of the negative finding shall be postponed until after the opportunity to appeal has passed or the appeal has been decided by the Regional Commission's Council."
04/27/10 DRI COMMITTEE HEARING IN ATHENS
The Northeast Georgia Regional Comission will hold hearing to address the impact of the Banks Family DRI #2117 Landfill application submission on the region. The hearing is open to the public, yet there will NOT be a chance for public comment. Time is 2:00PM (1400)
NEG Regional Develop Center in Athens, 305 Research Drive, Athens, GA 30605
Office: 706-369-5650
04/06/10 DRI INTERRUPTS THE REZONING PROCESS
The DRI commission has interjected themselves back into the Regional Impacts process. The DRI Review will evaluate the development project for its local impacts, potential effects on neighboring jurisdictions, and consistency with the considerations for review of Developments of Regional Impact identified in the Regional Commission's Regional Plan and the recommended development patterns chapter of the State Planning Recommendations. This review process will be completed in 30 calendar days. At the completion of the review process, the Regional Commission will issue it's finding and recommendations for the project. The local government is encouraged to consider the Regional Commission's findings and recommendations in making its decisions relating to the project.
Surrounding counties in the Northeast Regiona have no legal platform to voice their concern or opposition to Morgan County's rezoning authority. However, all counties in the Northeast should be discussing the impacts a regional landfill will or will not have on their county this month. Their comments will be consolidated and sent to the Developments of Regional Impact (DRI) Committee for processing.
The Georgia Planning Act authorizes the Department of Community Affairs (DCA) to establish the specific thresholds, rules, and procedures for the identification and review of Developments of Regional Impact (DRI). The intent of the DRI review process is: (1) enhanced focus on quality growth in planning and executing major development projects throughout the state; (2) careful consideration of, and planning for, impacts of major development projects on local public infrastructure and services; and (3) improved local, regional and state level communication about new growth in the state. The DRI review process is also intended to coordinate, streamline, and provide consistency with the Georgia Regional Transportation Authority’s (GRTA) required review and approval of state and federal expenditures required to create land transportation services and access to a DRIs located within GRTA’s jurisdictional area pursuant to O.C.G.A. 50-32-14. .
The Northeast Georgia Regional Commission Developments of Regional Impact (DRI) Committee terminated the Banks family application today after a 5 day review of the documentation submitted to allow for appropriate time for the Environmental Protection Department to review the impacts and determine site suitability. The host government may proceed with action it deems appropriate related to the proposed project with the exception of last and final approval of the project. Each of these actions is considered a trigger for the DRI review process and official approval will need to be withheld on said actions until the review process is complete. Morgan County has the right to proceed with any action it deems appropriate related to the proposed project including any local decisions (such as REZONING and amending the local SWMP) and approvals necessary before any Solid Waste Permit application can be submitted to the EPD. Usually the DRI commission will request a resubmission of the application for review in six months. Yet that date will be contingent upon our rezoning decision.
