§ 1223. Procedures and conditions governing intergovernmental agreements—Article II
A. Cooperative Agreements Authorized. Any two or more municipalities, one or more located in New Hampshire and one or more
located in Vermont, may enter into cooperative agreements for the construction, maintenance,
and operation of a resource recovery facility or sanitary landfill or both and those
related services needed for the efficient operation thereof. The agreement may also
include the sale of energy and other byproducts.
B. Approval of Agreements. Any agreement entered into under this compact shall, prior to becoming effective,
be approved by the solid waste agencies of both New Hampshire and Vermont as in conformance
with each state’s solid waste management plan.
C. Method of Adopting Agreements. Agreements hereunder shall be adopted in accordance with existing statutory procedures
for the adoption of intergovernmental agreements between municipalities within each
state, and further in New Hampshire, as provided in RSA Chapter 53-B.
D. Review and Approval of Plans. The solid waste agencies of the state in which any part of a solid waste disposal
and resource recovery facility that is proposed under an agreement pursuant to this
compact is proposed to be or is located is hereby authorized and required, to the
extent such authority exists under its state law to assure that the proposed facility
is compatible with the existing state plan.
E. Contents of Agreements. Agreements entered into pursuant to this compact shall contain the following:
1. Duration of the agreement.
2. Purpose of the agreement.
3. Provision for a joint board and/or administrator responsible for administering the
cooperative undertaking and the powers to be exercised thereby. All municipalities
party to the agreement shall be represented.
4. The manner of acquiring, holding, and disposing of real and personal property used
in the cooperative undertaking.
5. The manner of financing the cooperative undertaking and establishing a budget therefor.
6. The manner and method of establishing and imposing fair and equitable charges for
the users of the facilities.
7. A provision establishing a procedure for the arbitration of disputes.
8. The conditions and procedure under which a municipality may withdraw from or be added
to a cooperative agreement.
9. The manner in which the agreement may be amended.
10. The methods to be employed in the termination of the agreement and for disposing of
property upon termination. (Added 1981, No. 32, § 3.)