Code of Massachusetts Regulations
990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL
Title 990 CMR 11.00 - Negotiations Between A Developer And A Host Community
Section 11.02 - Mediation

Universal Citation: 990 MA Code of Regs 990.11

Current through Register 1531, September 27, 2024

(1) Voluntary Mediation. Prior to the initiation of negotiations, if the developer and the host communityagree to utilize the services of a mediator the Council shall provide each party witha list of available mediators.

(2) Requirement of mediation. Forty-five days after a determination by the Council that the Draft SEA is adequate, the Council may require the parties to utilize a mediator selected by the Council if:

(a) the parties have either refused to utilize a mediator or have failed to agree upon one;

(b) the Council determines that negotiations are not progressing in a satisfactory manner; and

(c) the Council determines that the services of a mediator would be beneficial.

(3) Compensation for the Mediator. If the Council requires the parties to utilize a mediator, the Council shall compensate the mediator for each day or part thereof of his services, as the Council shall determine.

(4) Powers. The mediator shall aid the parties in executing a siting agreement and shall be required to:

(a) keep the Council and the Department informed of the time and place of negotiation sessions and any progress toward the execution of a siting agreement;

(b) hold meetings at times and places convenient to both parties.

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