Vermont § 108 - Facility siting conditions No solid waste disposal or management facility shall be operated within the District under subsection 107

§ 108. Facility siting conditions No solid waste disposal or management facility shall be operated within the District under subsection 107

• (c) of this subchapter unless the District by two-thirds majority
  vote of its Board of Supervisors, and the host municipality by majority action of
  its legislative body, and the owner of such facility, shall formally agree upon the
  following matters: (1) Facility management and operations, plans, and procedures. (2) Reimbursement from the owner to the host municipality for reasonable incremental costs
  incurred by the host municipality for highway, culvert, and bridge improvements and
  maintenance attributable to the facility. (3) Payments in lieu of taxes, royalties, and surcharges payable by the owner to the host
  municipality for accepting the facility and for the mitigation of impacts likely to
  be experienced by the host municipality by virtue of the facility. (4) Reimbursement from the owner to the host municipality for reasonable costs incurred
  by the host municipality for environmental testing and monitoring relating to the
  facility during its operation and following closure. (5) Approval by the host municipality of material changes in the quantity or nature of
  solid waste delivered to the facility. (6) Financial arrangements, including the creation of reserve funds or adequate sureties,
  for facility closure and ultimate disposition of the facility site following closure. (7) Indemnification by the owner for any liability asserted against the host community
  for damage and injury arising out of or caused by the owner’s operations and maintenance
  of the facility or solid waste disposal service provided by a public or private facility. (8) Payment by the owner for replacement or relocation of water supplies serving property
  adjacent to the facility when necessary to protect public health. (9) Leachate and residue disposal, removal, and treatment. (10) Any other matter of importance to the District and the host. The District shall be
  a party to any contract between a member municipality and any entity owning or operating
  a solid waste disposal or management facility within the District. Upon certification
  of approval under subsection 107(c) of this subchapter by the District to the host
  municipality, the parties shall proceed in good faith to enter into an agreement with
  respect to the matters set forth in subdivisions (1)-(10) of this section. If within
  120 days following such certification, no agreement has been reached with respect
  to all or any of the matters set forth in subdivisions (1)-(10) of this section, any
  party may require that all unresolved matters be referred to one or more arbitrators
  for resolution under the rules of the American Arbitration Association. Within 90
  days of such referral, and if no negotiated agreement has been reached, the arbitrators
  shall adopt as its decision the final position of one party with respect to each of
  the unresolved matters set forth in subdivisions (1)-(10) of this section. In addition
  to the foregoing, the District may negotiate and agree with any other municipality
  determined by the District to be materially affected by the facility with respect
  to one or more of the matters set forth in subdivisions (1)-(10) of this section.