(a) This section shall not apply to commercial medical waste incineration facilities which are required to comply with the provisions for obtaining a permit under § 8-6-1301 et seq.

(b) No person shall operate or construct a commercial medical waste facility without submitting an application for a permit or permit modification to the Department of Health. No permit or permit modification shall be issued by the department for any facility unless the department approves both the site of the facility and the technological process to be used by the facility for the treatment and disposal of commercial medical waste.

(c) The department may levy up to one hundred dollars ($100) per hour not to exceed five thousand dollars ($5,000) for application processing costs incurred by the department.

(d) Any person applying for a permit or a permit modification to construct and operate a facility shall complete the following criteria at least thirty (30) days prior to submitting a permit application to the department:

(1) Written notification by certified mail to each property owner and resident of any property adjacent to the proposed site of the intent to apply for a permit or permit modification; and

(2) Publication of a public notice in the largest newspaper published in each county where the property which is the subject matter of the proposed facility permit or permit modification is located and in at least one (1) newspaper of statewide circulation of the intent to apply for a permit or permit modification to construct and operate a facility.

(e) The department shall provide written notice by certified mail of the proposed permit or permit modification to the mayor of the city and the county judge of the county where the property which is the subject matter of the permit application is located.

(f) Prior to the issuance of a final permit, the department shall conduct a public hearing in the county in which the facility is to be located.