§ 23-19-34. Central landfill buffer zone.
(a) The corporation shall be required to establish a buffer zone surrounding the operational portion of the central landfill, as identified per site master plan No. 06538, and the area licensed for landfilling, hereinafter referred to as the entire operational portion of the central landfill. In order to create the buffer zone, the corporation shall acquire all real property zoned residential as of July 31, 1988 and remains zoned residential as of October 1, 1989 within one thousand feet (1000′) of the entire operational portion of the central landfill. In addition, the corporation shall acquire those residential real properties in the town of Johnston located on Simmons Lake Drive and designated on the town assessor’s map, of December 31, 1988, as Plat 31, Lots 013 through 024 and Plat 31, Lots 026 through 034.
(b) To accomplish acquisition, the corporation shall exercise the power of eminent domain as shall be granted by the general assembly. All properties subject to acquisition under this section shall be acquired at fair market value.
(c) The corporation shall not be authorized to make relocation payments of any form to owners whose property is subject to acquisition under this section.
(d) For the purposes of this section, the corporation shall acquire the total acreage and all buildings (if applicable) of any parcel which is encroached upon to any degree by the one thousand foot (1000′) mark as measured from the perimeter of the entire operational portion of the central landfill.
(e) Notwithstanding the other provisions of this section, those parcels belonging to the town of Johnston identified on the town assessor’s map, at December 31, 1988, as Plat 43, Lot 012 and Plat 43, Lot 013, shall not be subject to the acquisition described in this section unless authorized by the Johnston town council. Notwithstanding any other provision of this chapter, the corporation may utilize any property acquired pursuant to this section or § 23-19-35 for the development of an industrial/business park pursuant to § 23-19-35.1(c) and the development of an industrial/business park is deemed to constitute the establishment of a buffer zone as prescribed in this section.
History of Section.P.L. 1989, ch. 277, § 2; P.L. 2001, ch. 316, § 1.
Structure Rhode Island General Laws
Chapter 23-19 - Rhode Island Resource Recovery Corporation
Section 23-19-1. - Short title.
Section 23-19-1.1. - Mission statement.
Section 23-19-2. - Legislative findings.
Section 23-19-3. - Declaration of policy.
Section 23-19-4. - Legislative purposes of Rhode Island Resource Recovery Corporation.
Section 23-19-5. - Definitions.
Section 23-19-7. - Commissioners — Oath of office — Conflict of interest.
Section 23-19-8. - Employment of executive director and support services — Books and records.
Section 23-19-9. - Purposes of the corporation.
Section 23-19-10. - General powers and duties.
Section 23-19-10.1. - Construction of gas pipelines.
Section 23-19-10.2. - Solid waste disposal facilities — Sites — Eminent domain.
Section 23-19-10.3. - Highway construction — Eminent domain.
Section 23-19-11. - Planning requirements.
Section 23-19-11.1. - Initial resource recovery system development plan.
Section 23-19-11.2. - Improvements of the central landfill.
Section 23-19-11.3. - Central landfill — Water quality and public health.
Section 23-19-11.4. - Initial resource recovery facilities.
Section 23-19-13. - Municipal participation in state program.
Section 23-19-13.2. - Disposal of infectious and pathological waste.
Section 23-19-13.3. - Prohibiting business due to conviction of certain acts.
Section 23-19-13.5. - Interim rates.
Section 23-19-13.6. - Cover materials not permitted.
Section 23-19-14. - Bonds and notes of the corporation.
Section 23-19-15. - Short term notes.
Section 23-19-16. - Security for bonds or notes.
Section 23-19-17. - Capital reserve funds and appropriations.
Section 23-19-18. - Trust funds.
Section 23-19-19. - Remedies of bondholders and noteholders.
Section 23-19-20. - Pledge of the state.
Section 23-19-21. - Credit of state not pledged.
Section 23-19-22. - Notes and bonds as legal investments.
Section 23-19-24. - Reporting requirements.
Section 23-19-24.1. - Solid waste diversion — Economic impact and strategies reporting.
Section 23-19-25. - Authorization to accept appropriated moneys.
Section 23-19-26. - Tax exemption.
Section 23-19-27. - Severability.
Section 23-19-28. - Violations — Sanctions — Injunctive relief.
Section 23-19-28.1. - Procedures to enforcement.
Section 23-19-29. - Liberal construction.
Section 23-19-30. - State central landfill — Annual liquid waste or sludge analysis.
Section 23-19-31. - Recycling facility at central landfill.
Section 23-19-32. - Grants-in-aid.
Section 23-19-33. - Bonus incentive program.
Section 23-19-34. - Central landfill buffer zone.
Section 23-19-34.1. - Removal of houses — Buffer zone.
Section 23-19-35. - Central landfill — Adjoining residential property.
Section 23-19-35.1. - Use of acquired property.
Section 23-19-36. - Central landfill — Funds for acquisition.
Section 23-19-37. - Financial accountability.
Section 23-19-38. - Report of the auditor general.
Section 23-19-40. - Utilization of buffer zone — Restrictions.