§ 23-19.7-5 - Siting and impact agreement required – Exceptions.
SECTION 23-19.7-5
§ 23-19.7-5 Siting and impact agreementrequired – Exceptions. – (a) No hazardous waste management facility shall be located or operated in anycommunity nor shall any local permit for construction or substantial alterationof the facility be issued unless there is in force a siting agreement betweenthe host community and the developer and, if required under this chapter, animpact agreement between a neighboring community and the developer.
(2) No hazardous waste management facility shall be locatedor operated in any community on property owned or leased by the state or anyagency, corporation, or commission of the state, unless there is in force asiting agreement between the host community and the developer and, if requiredunder this chapter, an impact agreement between a neighboring community and thedeveloper.
(b) No siting and/or impact agreement shall be required offacilities for the management of hazardous waste which are generated on site asthe term is defined under § 23-19.7-3(13), except under the followingcircumstances:
(1) Where the generator imports and employs hazardous wastesgenerated in another place as a feedstock; or
(2) Where changes in the management of hazardous wastegenerated on site require a new permit or amendment to an existing permitissued under the Hazardous Waste Management Act of 1978, chapter 19.1 of thistitle, and where, as a result, there is a significant increase in the risks tothe public health and safety or to the environment beyond that associated withthe generator's normal activities. Findings of significantly increased riskfrom any changes in the management of hazardous waste generated on site may bemade by mutual agreement between the hazardous waste generator and the hostcommunity or by declaratory judgment obtained in superior court by either party.
(c) Nothing in this section shall be deemed to require asiting or impact agreement for a hazardous waste management facility inexistence at the time of passage of this chapter which complies with therequirements and provisions of the Hazardous Waste Management Act of 1978, asamended, and which complies with all local requirements; provided, that anymodification of hazardous waste management practices which requires a newpermit or amendment to an existing permit issued under the Hazardous WasteManagement Act of 1978, as amended, shall be subject to the provisions of thischapter.