Code of Massachusetts Regulations
990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL
Title 990 CMR 13.00 - Arbitration
Section 13.01 - Timing

Universal Citation: 990 MA Code of Regs 990.13

Current through Register 1531, September 27, 2024

(1) Initiation of Arbitration. Arbitration proceedings shall be initiated:

(a) in the case of a host community, when the Council has declared that an impasse exists in negotiations between the developer and the local assessment committee; or

(b) in the case of an abutting community, when either the developer or an abutting community files a request for arbitration indicating dissatisfaction with the Council's determination of the compensation to be paid by the developer to the abutting community.

(2) Duration. Unless granted an extension of time by the Council, the arbitration panel or the single arbitrator shall determine within 45 days of appointment by the Council the terms and conditions of a siting agreement or the amount of compensation to be paid to an abutting community by the developer.

(3) Agreement to Terminate. If at any time during the arbitration proceeding the developer and the local assessment committee agree upon and submit a siting agreement to the Council, or the developer and the abutting community agree uponcompensation to be paid the abutting community, the Council shallrequest that the arbitration be terminated, and upon such request the Chairman of the arbitration panel or the single arbitrator shall immediately terminate the proceeding.

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