§ 23-19.7-7 - Developer to compensate host community for reasonable costs.
SECTION 23-19.7-7
§ 23-19.7-7 Developer to compensate hostcommunity for reasonable costs. – (a) Reasonable costs incurred by the host community for the purpose ofdischarging its powers and duties under this chapter including, but not limitedto, conducting studies or assessments, hiring expert witnesses, conductingnegotiations, and participating in arbitration, shall be chargeable to thedeveloper of a proposed hazardous waste management facility as follows:
(1) An amount not less than ten thousand dollars ($10,000)nor more than one percent (1%) of the gross and inclusive development cost ofthe proposed facility up to a maximum of one hundred thousand dollars($100,000) shall be paid to an account for disbursement by the local assessmentcommittee within five (5) working days of its establishment.
(2) In negotiating a siting agreement with the hazardouswaste facility developer, the host community may request reimbursement forreasonable costs incurred by the local assessment committee in excess of thosecompensated for by the initial payment required in subsection (a)(1); provided,that the amount of the reimbursement shall be subject to binding arbitrationunder § 23-19.7-10(b)(7).
(b) The host community shall return to the developer anyunexpended funds plus interest earned received under subsection (a)(1) within areasonable period of time after a siting agreement is concluded or bindingarbitration completed.