17-18-39 - Local governmental unit may negotiate with department; issues excluded; arbitration. - Mississippi Statutes

§ 17-18-39. Local governmental unit may negotiate with department; issues excluded; arbitration.
 

(1)  The governing body of any local governmental unit wherein the site is designated may negotiate with the department with respect to any issue relating to the facility except: 

(a) The need for the facility; 

(b) Any proposal to reduce the powers or duties of the department, the authority or the committee under this chapter or under any permit or license issued for the facility; 

(c) Any proposal to reduce the powers or duties of the Commission on Environmental Quality or the Environmental Quality Permit Board or to make less stringent any rule of the Commission on Environmental Quality; or 

(d) Any decision of the committee, the authority, the department or the Environmental Protection Council regarding site selection, contractor selection, selection of waste management category or technology pursuant to this chapter. 

(2)  If the department and the governing body of the local governmental unit have not reached an agreement on all issues by negotiation within six (6) months after site designation, the following issues may be submitted to arbitration: 

(a) Compensation to the local governmental unit for substantial economic impacts which are a direct result of the siting and operation of the state commercial hazardous waste management facility and for which adequate compensation is not otherwise provided; 

(b) Reimbursement for reasonable costs incurred by the local governmental unit relating to negotiation, mediation and arbitration activities under this chapter; 

(c) Matters related to the appearance of the facility; 

(d) Operational concerns other than design capacity and regulatory issues; 

(e) Traffic flows and patterns which result from the operation of the facility; 

(f) Uses of the site where the facility is located after the facility is closed; 

(g) Emergency response capabilities, including training and resources; and 

(h) Access to facility records and monitoring data. 

(3)  The Secretary of State shall serve as arbitrator of any issues submitted for arbitration under this section. 
 

Sources: Laws,  1990, ch. 506, § 22, eff from and after passage (approved March 31, 1990).