§ 23-19.7-10 Siting and impact agreements– Arbitration – Appeals. – (a) If on or after ninety (90) days following the establishment of a localassessment committee or issuance of state permits required under the HazardousWaste Management Act, chapter 19.1 of this title, whichever is later, thedeveloper or the chief elected official of the host or neighboring communityfinds that an impasse exists in the negotiation or ratification of a siting orimpact agreement, either party to the impasse may invoke the bindingarbitration provisions of this section; provided, that the developer or thehost community may defer arbitration until the completion of negotiations orarbitration between the developer and a neighboring community. The arbitrationshall be limited to only those issues remaining in dispute between the host orneighboring community and the developer, and shall not affect conditions orlimitations attached to state permits issued under the Hazardous WasteManagement Act, chapter 19.1 of this title.
(b) Within thirty (30) days after binding arbitration isinvoked by either party to a negotiating impasse, an arbitration panel shall beestablished. This panel shall be comprised of three (3) arbitrators, oneselected by the developer, one selected by the local assessment committee, anda third, who shall act as chairperson selected jointly by the developer and thecommunity.
(2) 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.
(3) The arbitration panel shall, within forty-five (45) daysafter establishment, resolve the issues in dispute between the community andthe developer. By mutual agreement, the parties to the negotiating impasse mayextend the time permitted for the conduct of arbitration.
(4) In the event that the parties mutually resolve each ofthe issues in dispute and agree to be bound, they may at any time prior to thefinal decision of the arbitration panel request that the arbitrationproceedings be terminated or that the settlement be incorporated into thearbitration award. The panel acting through its chairperson shall thenterminate the proceedings.
(5) No siting or impact agreement submitted to arbitrationshall be awarded unless and until the arbitrator(s) find by a preponderance ofevidence that:
(i) The developer has the financial capacity to undertake theproject, including the ability to properly build and operate the proposedfacility and obtain performance bonds or liability insurance, as may berequired;
(ii) No burden will be imposed upon the municipality withrespect to the provision of additional public services, including equipment,facilities, personnel or skills, except to the extent that these arecompensated for by the developer;
(iii) The design of the facility complies with applicablecommunity standards for the site for which the facility is proposed;
(iv) The facility poses no significantly greater danger tothe public health or safety due to fire, explosion, pollution, discharge ofhazardous substances, or other construction or operational factors than ispresented by the operation of other state-of-the-art industrial and commercialenterprises utilizing similar processes, but not engaged in the treatment,processing, or disposal of hazardous waste.
(6) The siting or impact agreement shall consist of all termsand conditions agreed to by the developer and the host or neighboring communityand any additional terms or conditions imposed by the arbitrators on the basisof the findings described in this section.
(7) The arbitrators shall award reasonable costs to the hostcommunity incurred for assessments, negotiations, and arbitration conductedpursuant to this chapter.
(8) The arbitrator's award and any terms or conditionsattached to the award shall be final and binding on all parties to it.
(c) Either party to an arbitrator's decision may withinthirty (30) days appeal the decision to the superior court.
(2) The review shall be conducted by the court without a juryand shall be confined to the record. In cases of alleged irregularities inprocedure before the arbitrator, not shown in the record, proof on it may betaken in the court. The court, upon request, shall hear oral argument andreceive written briefs.
(3) The court shall not substitute its judgment for that ofthe arbitrator as to the weight of the evidence on questions of fact. The courtmay affirm the decision of the arbitrator or remand the case for furtherproceedings, or it may reverse or modify the decision if substantial rights ofthe appellant have been prejudiced because the administrative findings,inferences, conclusions, or decisions are:
(i) In violation of constitutional or statutory provisions;
(ii) In excess of the statutory authority of the arbitrator;
(iii) Made upon unlawful procedure;
(iv) Affected by other error of law;
(v) Clearly erroneous in view of the reliable, probative, andsubstantial evidence on the whole record; or
(vi) Arbitrary or capricious or characterized by an abuse ofdiscretion or a clearly unwarranted exercise of discretion.
§ 23-19.7-10 Siting and impact agreements– Arbitration – Appeals. – (a) If on or after ninety (90) days following the establishment of a localassessment committee or issuance of state permits required under the HazardousWaste Management Act, chapter 19.1 of this title, whichever is later, thedeveloper or the chief elected official of the host or neighboring communityfinds that an impasse exists in the negotiation or ratification of a siting orimpact agreement, either party to the impasse may invoke the bindingarbitration provisions of this section; provided, that the developer or thehost community may defer arbitration until the completion of negotiations orarbitration between the developer and a neighboring community. The arbitrationshall be limited to only those issues remaining in dispute between the host orneighboring community and the developer, and shall not affect conditions orlimitations attached to state permits issued under the Hazardous WasteManagement Act, chapter 19.1 of this title.
(b) Within thirty (30) days after binding arbitration isinvoked by either party to a negotiating impasse, an arbitration panel shall beestablished. This panel shall be comprised of three (3) arbitrators, oneselected by the developer, one selected by the local assessment committee, anda third, who shall act as chairperson selected jointly by the developer and thecommunity.
(2) 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.
(3) The arbitration panel shall, within forty-five (45) daysafter establishment, resolve the issues in dispute between the community andthe developer. By mutual agreement, the parties to the negotiating impasse mayextend the time permitted for the conduct of arbitration.
(4) In the event that the parties mutually resolve each ofthe issues in dispute and agree to be bound, they may at any time prior to thefinal decision of the arbitration panel request that the arbitrationproceedings be terminated or that the settlement be incorporated into thearbitration award. The panel acting through its chairperson shall thenterminate the proceedings.
(5) No siting or impact agreement submitted to arbitrationshall be awarded unless and until the arbitrator(s) find by a preponderance ofevidence that:
(i) The developer has the financial capacity to undertake theproject, including the ability to properly build and operate the proposedfacility and obtain performance bonds or liability insurance, as may berequired;
(ii) No burden will be imposed upon the municipality withrespect to the provision of additional public services, including equipment,facilities, personnel or skills, except to the extent that these arecompensated for by the developer;
(iii) The design of the facility complies with applicablecommunity standards for the site for which the facility is proposed;
(iv) The facility poses no significantly greater danger tothe public health or safety due to fire, explosion, pollution, discharge ofhazardous substances, or other construction or operational factors than ispresented by the operation of other state-of-the-art industrial and commercialenterprises utilizing similar processes, but not engaged in the treatment,processing, or disposal of hazardous waste.
(6) The siting or impact agreement shall consist of all termsand conditions agreed to by the developer and the host or neighboring communityand any additional terms or conditions imposed by the arbitrators on the basisof the findings described in this section.
(7) The arbitrators shall award reasonable costs to the hostcommunity incurred for assessments, negotiations, and arbitration conductedpursuant to this chapter.
(8) The arbitrator's award and any terms or conditionsattached to the award shall be final and binding on all parties to it.
(c) Either party to an arbitrator's decision may withinthirty (30) days appeal the decision to the superior court.
(2) The review shall be conducted by the court without a juryand shall be confined to the record. In cases of alleged irregularities inprocedure before the arbitrator, not shown in the record, proof on it may betaken in the court. The court, upon request, shall hear oral argument andreceive written briefs.
(3) The court shall not substitute its judgment for that ofthe arbitrator as to the weight of the evidence on questions of fact. The courtmay affirm the decision of the arbitrator or remand the case for furtherproceedings, or it may reverse or modify the decision if substantial rights ofthe appellant have been prejudiced because the administrative findings,inferences, conclusions, or decisions are:
(i) In violation of constitutional or statutory provisions;
(ii) In excess of the statutory authority of the arbitrator;
(iii) Made upon unlawful procedure;
(iv) Affected by other error of law;
(v) Clearly erroneous in view of the reliable, probative, andsubstantial evidence on the whole record; or
(vi) Arbitrary or capricious or characterized by an abuse ofdiscretion or a clearly unwarranted exercise of discretion.
§ 23-19.7-10 Siting and impact agreements– Arbitration – Appeals. – (a) If on or after ninety (90) days following the establishment of a localassessment committee or issuance of state permits required under the HazardousWaste Management Act, chapter 19.1 of this title, whichever is later, thedeveloper or the chief elected official of the host or neighboring communityfinds that an impasse exists in the negotiation or ratification of a siting orimpact agreement, either party to the impasse may invoke the bindingarbitration provisions of this section; provided, that the developer or thehost community may defer arbitration until the completion of negotiations orarbitration between the developer and a neighboring community. The arbitrationshall be limited to only those issues remaining in dispute between the host orneighboring community and the developer, and shall not affect conditions orlimitations attached to state permits issued under the Hazardous WasteManagement Act, chapter 19.1 of this title.
(b) Within thirty (30) days after binding arbitration isinvoked by either party to a negotiating impasse, an arbitration panel shall beestablished. This panel shall be comprised of three (3) arbitrators, oneselected by the developer, one selected by the local assessment committee, anda third, who shall act as chairperson selected jointly by the developer and thecommunity.
(2) 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.
(3) The arbitration panel shall, within forty-five (45) daysafter establishment, resolve the issues in dispute between the community andthe developer. By mutual agreement, the parties to the negotiating impasse mayextend the time permitted for the conduct of arbitration.
(4) In the event that the parties mutually resolve each ofthe issues in dispute and agree to be bound, they may at any time prior to thefinal decision of the arbitration panel request that the arbitrationproceedings be terminated or that the settlement be incorporated into thearbitration award. The panel acting through its chairperson shall thenterminate the proceedings.
(5) No siting or impact agreement submitted to arbitrationshall be awarded unless and until the arbitrator(s) find by a preponderance ofevidence that:
(i) The developer has the financial capacity to undertake theproject, including the ability to properly build and operate the proposedfacility and obtain performance bonds or liability insurance, as may berequired;
(ii) No burden will be imposed upon the municipality withrespect to the provision of additional public services, including equipment,facilities, personnel or skills, except to the extent that these arecompensated for by the developer;
(iii) The design of the facility complies with applicablecommunity standards for the site for which the facility is proposed;
(iv) The facility poses no significantly greater danger tothe public health or safety due to fire, explosion, pollution, discharge ofhazardous substances, or other construction or operational factors than ispresented by the operation of other state-of-the-art industrial and commercialenterprises utilizing similar processes, but not engaged in the treatment,processing, or disposal of hazardous waste.
(6) The siting or impact agreement shall consist of all termsand conditions agreed to by the developer and the host or neighboring communityand any additional terms or conditions imposed by the arbitrators on the basisof the findings described in this section.
(7) The arbitrators shall award reasonable costs to the hostcommunity incurred for assessments, negotiations, and arbitration conductedpursuant to this chapter.
(8) The arbitrator's award and any terms or conditionsattached to the award shall be final and binding on all parties to it.
(c) Either party to an arbitrator's decision may withinthirty (30) days appeal the decision to the superior court.
(2) The review shall be conducted by the court without a juryand shall be confined to the record. In cases of alleged irregularities inprocedure before the arbitrator, not shown in the record, proof on it may betaken in the court. The court, upon request, shall hear oral argument andreceive written briefs.
(3) The court shall not substitute its judgment for that ofthe arbitrator as to the weight of the evidence on questions of fact. The courtmay affirm the decision of the arbitrator or remand the case for furtherproceedings, or it may reverse or modify the decision if substantial rights ofthe appellant have been prejudiced because the administrative findings,inferences, conclusions, or decisions are:
(i) In violation of constitutional or statutory provisions;
(ii) In excess of the statutory authority of the arbitrator;
(iii) Made upon unlawful procedure;
(iv) Affected by other error of law;
(v) Clearly erroneous in view of the reliable, probative, andsubstantial evidence on the whole record; or
(vi) Arbitrary or capricious or characterized by an abuse ofdiscretion or a clearly unwarranted exercise of discretion.
