§ 407-108. 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.