38 §2152. Facility Siting Board
Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING HEADING: PL 1995, C. 465, PT. A, §26 (RPR
Subchapter 4: FACILITY SITING AND DEVELOPMENT HEADING: PL 1995, C. 465, PT. A, §58 (RPR)
§2152. Facility Siting Board
1. Board established. The Facility Siting Board, as established in Title 5, section 12004-D, subsection 4, is created to conduct a site screening and selection process for disposal facilities owned, operated or controlled by the office. The board shall undertake this process in a manner consistent with the state waste management and recycling plan and provisions of section 2154 and shall make all final decisions on the choice of specific sites for solid waste disposal facilities under the jurisdiction of the office. The office shall provide staff support to the Facility Siting Board.
[ 1995, c. 465, Pt. A, §61 (AMD); 1995, c. 465, Pt. C, §2 (AFF) .]
2. Membership. The board consists of 5 members appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over natural resources and to confirmation by the Legislature.
A. One of the members shall initially be appointed to a term of 3 years, 2 members to terms of 4 years and 2 members to terms of 5 years. The successor of each appointed member shall be appointed for a term of 5 years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of that term. Each board member shall serve until the appointment and qualification of a successor. [1989, c. 585, Pt. A, §7 (NEW).]
B. No appointed board member may be an officer or employee of the United States Government or this State. All members of the board shall be residents of the State. Appointed members may be removed from the board by the Governor for cause. [1989, c. 585, Pt. A, §7 (NEW).]
C. The Commissioner of Environmental Protection and the Director of the Bureau of Geology and Natural Areas shall serve as technical advisors to the board. [1999, c. 556, §41 (AMD).]
[ 1999, c. 556, §41 (AMD) .]
3. Qualifications. The Governor shall select the membership of the board to include members of the general public and persons with expertise in engineering, hydrogeology, public health and government. The Governor shall also select the membership of the board to include broad geographic representation from all areas of the State.
[ 1989, c. 585, Pt. A, §7 (NEW) .]
4. Selection of officers; quorum. Annually, the board shall elect one of its appointed members as the chair of the board. Three members of the board shall constitute a quorum and the affirmative vote by 3 members shall be necessary for any action taken by vote of the board.
[ 1989, c. 585, Pt. A, §7 (NEW) .]
5. Compensation. The appointed board members shall be compensated as provided in Title 5, section 12004-D.
[ 1989, c. 585, Pt. A, §7 (NEW) .]
6. Meeting schedule. The board shall meet at least 4 times annually and at any time upon the call of its chair or upon the request in writing to the chair of 3 board members.
[ 1989, c. 585, Pt. A, §7 (NEW) .]
7. Reporting. Notwithstanding the provisions of Title 5, section 12005-A, the board is not required to file an annual report with the Secretary of State unless the board meets and exercises any of its powers and duties during a calendar year. In any calendar year in which the board meets and exercises any of its powers and duties, the board is subject to the provisions of Title 5, section 12005-A.
[ 2001, c. 352, §16 (NEW) .]
SECTION HISTORY
1989, c. 585, §A7 (NEW). 1995, c. 465, §A61 (AMD). 1995, c. 465, §C2 (AFF). 1995, c. 502, §E32 (AMD). 1999, c. 556, §41 (AMD). 2001, c. 352, §16 (AMD).