Section 23-19.7-1. – Short title.

§ 23-19.7-1. Short title. This chapter shall be known as and may be cited as the “Hazardous Waste Management Facilities Act”. History of Section.P.L. 1982, ch. 197, § 1.

Section 23-19.7-10. – Siting and impact agreements — Arbitration — Appeals.

§ 23-19.7-10. Siting and impact agreements — Arbitration — Appeals. (a) If on or after ninety (90) days following the establishment of a local assessment committee or issuance of state permits required under the Hazardous Waste Management Act, chapter 19.1 of this title, whichever is later, the developer or the chief elected official of the […]

Section 23-19.7-11. – Provisions of Hazardous Waste Management Act applicable.

§ 23-19.7-11. Provisions of Hazardous Waste Management Act applicable. Insofar as the terms and conditions of a siting or impact agreement address mitigation of impacts also subject to the provisions of the Hazardous Waste Management Act, chapter 19.1 of this title, these terms and conditions shall become attached to and enforceable as conditions of any […]

Section 23-19.7-12. – Public access to records.

§ 23-19.7-12. Public access to records. Siting and impact agreements in their entirety and all documents and records related to these agreements shall be open to public inspection at a convenient location during normal business hours, and shall be subject to other provisions of chapter 2 of title 38. History of Section.P.L. 1982, ch. 197, […]

Section 23-19.7-13. – Relation of compensation under siting and impact agreements to state aid.

§ 23-19.7-13. Relation of compensation under siting and impact agreements to state aid. No compensation or financial benefits, other than taxes on real or personal property, received by a host or neighboring community under a siting or impact agreement, shall be included in the calculation of any state aid or assistance to the community. History […]

Section 23-19.7-14. – Inconsistent provisions.

§ 23-19.7-14. Inconsistent provisions. If the provisions of this chapter are inconsistent with the provisions of any other law or ordinance, general, special or local, the provisions of this chapter shall be controlling. History of Section.P.L. 1982, ch. 197, § 1.

Section 23-19.7-15. – Liberal construction — Severability.

§ 23-19.7-15. Liberal construction — Severability. (a) The provisions of this chapter shall be interpreted and construed liberally in aid of its declared purpose. If any provisions of this chapter, or of any rule or regulation issued under this chapter, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, […]

Section 23-19.7-2. – Legislative findings, policy, and intent.

§ 23-19.7-2. Legislative findings, policy, and intent. The general assembly recognizes and declares that the people of the state desire to promote high standards of human health and a clean and wholesome environment; that industries within the state generate hazardous wastes in the course of their operations and have difficulty in obtaining appropriate hazardous waste […]

Section 23-19.7-3. – Definitions.

§ 23-19.7-3. Definitions. The following words and phrases have the meanings ascribed to them in this section unless the context clearly indicates otherwise: (1) “Chief elected official” means the mayor, elected city or town administrator or, in the absence of these officials, the city or town council president. (2) “Chief executive officer” means the mayor, […]

Section 23-19.7-4. – Permitted use in areas zoned for process manufacturing — Regulation of uses in certain other areas.

§ 23-19.7-4. Permitted use in areas zoned for process manufacturing — Regulation of uses in certain other areas. (a) Hazardous waste management facilities, other than landfills and underground injection wells, shall be a permitted use on any locus zoned for industrial use involving manufacturing processes. (b) Cities and towns shall not change the zoning designation […]

Section 23-19.7-5. – Siting and impact agreement required — Exceptions.

§ 23-19.7-5. Siting and impact agreement required — Exceptions. (a)(1) No hazardous waste management facility shall be located or operated in any community nor shall any local permit for construction or substantial alteration of the facility be issued unless there is in force a siting agreement between the host community and the developer and, if […]

Section 23-19.7-6. – Local assessment committees — Constitution, powers, and duties.

§ 23-19.7-6. Local assessment committees — Constitution, powers, and duties. (a) For purposes of negotiating siting and impact agreements, local assessment committees shall be constituted by host and any neighboring communities no later than forty-five (45) days after the issuance of necessary state permits for construction or substantial alteration of a hazardous waste management facility […]

Section 23-19.7-7. – Developer to compensate host community for reasonable costs.

§ 23-19.7-7. Developer to compensate host community for reasonable costs. (a) Reasonable costs incurred by the host community for the purpose of discharging its powers and duties under this chapter including, but not limited to, conducting studies or assessments, hiring expert witnesses, conducting negotiations, and participating in arbitration, shall be chargeable to the developer of […]

Section 23-19.7-8. – Siting agreements.

§ 23-19.7-8. Siting agreements. (a) The local siting agreement shall specify the terms, conditions, and provisions under which a hazardous waste management facility shall be sited, constructed, operated, maintained and/or altered, including, but not limited to, the following terms, conditions, and provisions: (1) Facility construction, maintenance, closure, and post-closure procedures; (2) Operating procedures and practices, […]

Section 23-19.7-9. – Impact agreements.

§ 23-19.7-9. Impact agreements. (a)(1) A neighboring community, as defined in § 23-19.7-3(12), may, upon a showing of probable and significant adverse impact, in accordance with the standards procedures enumerated under subsections (c) and (d), enter into an impact agreement with a hazardous waste management facility developer as provided for under this section, and may […]