149-M:21 Failure to Provide Facilities. –
If any town fails to provide an approved disposal facility as required under RSA 149-M:17, the following steps shall be taken:
I. The department shall conduct an investigation of opportunities for joint action with other towns, the availability of private facilities, and possible facility sites within the town.
II. The department shall report findings to the district and town, and seek local agreement to an acceptable solution to the waste problem.
III. If no agreement is reached within 60 calendar days after the findings are delivered, the department shall schedule and hold a public hearing in the town. Notice of the hearing shall be posted in 2 or more public places in the town for at least 14 calendar days before it is held.
IV. If no agreement is reached within 45 calendar days after the hearing, the department shall either order the town to participate in an existing or planned approved facility, or shall recommend that land within the town be taken by eminent domain for the establishment of an approved facility.
V. If the department determines that land shall be taken, the department shall institute eminent domain proceedings in accordance with RSA 498-A.
VI. The department shall be responsible for the facility's design and construction.
Source. 1996, 251:2, eff. Aug. 9, 1996; 251:30, eff. Aug. 9, 1996 at 12:01 a.m.