§ 23-19.7-8 - Siting agreements.
SECTION 23-19.7-8
§ 23-19.7-8 Siting agreements. – (a) The local siting agreement shall specify the terms, conditions, andprovisions under which a hazardous waste management facility shall be sited,constructed, operated, maintained and/or altered, including, but not limitedto, the following terms, conditions, and provisions:
(1) Facility construction, maintenance, closure, andpost-closure procedures;
(2) Operating procedures and practices, the design of thefacility and its associated activities;
(3) Monitoring procedures and practices necessary to assureand continue to demonstrate that the facility will be operated safely;
(4) The services to be provided the developer by the hostcommunity;
(5) The compensation, services, and special benefits thatwill be provided to the host community by the developer, and the timing andconditions of their provision;
(6) Any provisions for tax prepayments or acceleratedpayments, or for payments in lieu of taxes;
(7) Provisions for renegotiation of any of the terms,conditions, or provisions of the siting agreement subject to the provisions ofthis chapter;
(8) Provisions for resolving any disagreements in theconstruction and interpretation of the siting agreement that may arise betweenthe parties;
(9) Provisions for direct monetary payments from thedeveloper to the host community in addition to payments for taxes and specialservices and compensation for demonstrable adverse impacts;
(10) Provisions to assure the health, safety, comfort,convenience, and social and economic security of the host community and itscitizens;
(11) Provisions to assure the continuing economic viabilityof the project;
(12) Provisions to assure the protection of the environmentand natural resources including existing and potential drinking water sources;and
(13) Provisions for reimbursement by the developer to thehost community of reasonable costs associated with assessment, negotiation, andarbitration of a siting agreement.
(b) The local siting agreement shall specify the terms,conditions, and provisions, if any, under which it may be assigned to a partyother than the signatory developer.
(c) The duration of a siting agreement shall be negotiable,but in no case may it exceed twenty (20) years, at which time it shall be opento renegotiation at the initiative of either party.