§ 1223 - Procedures and conditions governing intergovernmental agreements-Article II
§ 1223. Procedures and conditions governing intergovernmental agreements-Article II
A. Cooperative Agreements Authorized. Any two or more municipalities, one or more located in New Hampshire and one or more located in Vermont, may enter into cooperative agreements for the construction, maintenance and operation of a resource recovery facility or sanitary landfill or both and those related services needed for the efficient operation thereof. The agreement may also include the sale of energy and other byproducts.
B. Approval of Agreements. Any agreement entered into under this compact shall, prior to becoming effective, be approved by the solid waste agencies of both New Hampshire and Vermont as in conformance with each state's solid waste management plan.
C. Method of Adopting Agreements. Agreements hereunder shall be adopted in accordance with existing statutory procedures for the adoption of intergovernmental agreements between municipalities within each state, and further in New Hampshire, as provided in RSA Chapter 53-B.
D. Review and Approval of Plans. The solid waste agencies of the state in which any part of a solid waste disposal and resource recovery facility which is proposed under an agreement pursuant to this compact is proposed to be or is located is hereby authorized and required, to the extent such authority exists under its state law to assure that the proposed facility is compatible with the existing state plan.
E. Contents of Agreements. Agreements entered into pursuant to this compact shall contain the following:
1. Duration of the agreement.
2. Purpose of the agreement.
3. Provision for a joint board and/or administrator responsible for administering the cooperative undertaking and the powers to be exercised thereby. All municipalities party to the agreement shall be represented.
4. The manner of acquiring, holding and disposing of real and personal property used in the cooperative undertaking.
5. The manner of financing the cooperative undertaking and establishing a budget therefor.
6. The manner and method of establishing and imposing fair and equitable charges for the users of the facilities.
7. A provision establishing a procedure for the arbitration of disputes.
8. The conditions and procedure under which a municipality may withdraw from or be added to a cooperative agreement.
9. The manner in which the agreement may be amended.
10. The methods to be employed in the termination of the agreement and for disposing of property upon termination. (Added 1981, No. 32, § 3.)