§ 23-19.7-9 - Impact agreements.
SECTION 23-19.7-9
§ 23-19.7-9 Impact agreements. – (a) A neighboring community, as defined in § 23-19.7-3(12), may, upon ashowing of probable and significant adverse impact, in accordance with thestandards procedures enumerated under subsections (c) and (d), enter into animpact agreement with a hazardous waste management facility developer asprovided for under this section, and may establish a local assessment committeeas provided for under § 23-19.7-6 for this purpose.
(2) The impact agreement may as a matter of right address inits terms, conditions, and provisions the mitigation of or compensation forthose adverse health, safety, environmental, and fiscal impacts which are shownby the neighboring community to be likely and significant.
(3) The impact agreement shall specify the terms, conditions,and provisions, if any, under which it may be assigned to a party other thanthe signatory developer.
(4) A neighboring community shall notify the developer thatit anticipates significant adverse impacts within forty-five (45) days afterthe issuance of necessary state permits for construction or substantialalteration of a hazardous waste management facility under the provisions of theHazardous Waste Management Act, chapter 19.1 of this title. This requirementmay be waived by mutual agreement of the developer and the neighboringcommunity.
(b) No hazardous waste management facility shall be sited,constructed, operated, substantially altered, or maintained unless an impactagreement shall first have been established by the developer and anyneighboring community which makes the required showing of probable andsignificant adverse impact.
(c) A showing of probable and significant adverse impactshall require that the neighboring community:
(1) Identify and describe the type, nature, and extent ofadverse impacts anticipated and the reason why; and
(2) Identify and describe the alleged relationship of theproposed hazardous waste management facility, its construction, alteration, oroperation, to the anticipated adverse impacts.
(d) The neighboring community and the hazardous wastemanagement facility developer may by mutual agreement find that significantadverse impacts are probable as the result of siting, constructing, operation,or alteration of the proposed facility. In this case, arbitration such as thatprovided for under this section, shall not be necessary, and the parties mayproceed directly to the negotiation of an impact agreement.
(2) Where the mutual agreement is not forthcoming, anarbitration panel shall be established within thirty (30) days after theneighboring community notifies the developer that it anticipates significantadverse impacts as a result of the developer's proposal. This panel shall havethe sole responsibility for determining whether and on what issues a showing ofprobable and significant adverse impact has been successfully made.
(3) The panel shall be comprised of three (3) members; oneselected by the developer, one selected by the neighboring community, and athird, who shall act as chairperson, selected jointly by the developer and theneighboring community.
(4) If there is no agreement on a third arbitrator withinthirty (30) days after the two (2) parties have appointed their respectivearbitrators, or if they choose by mutual agreement, either party may file ademand for arbitration and appointment of the third arbitrator by the Americanarbitration association.
(5) The arbitration panel shall, within forty-five (45) daysafter establishment and based on evidence presented to it, determine whether asignificant adverse impact is probable, and whether that impact is related toor caused by the siting, construction, operation, or alteration of thehazardous waste management facility.