Section 13.05 - Standards for ArbitrationThe arbitrator(s) shall determine the terms, conditions and provisions of a siting agreement or the amount of compensation to be awarded to abutting communities. In reaching such determination the arbitrator(s) shall consider:
(1) the factual stipulations of the parties;(2) any interests of the community, including:(a) all potential adverse impacts to the health, safety, and social and economic security of the co mmunity;(b) all potential adverse impacts to the environment and natural resources of the community;(c) fiscal impacts, such as the effects of added service costs, financing costs for any needed capital improvements and demonstrable secondary costs;(d) the impact on property values;(e) the benefits to the community of the proposed project and of any compensation offered by the developer or requested by the community;(3) any interests of the developer, including:(a) the projected profitability of the facility;(b) the cost of impact mitigation and redesign alternatives;(c) the costs to the developer of any compensation offered by the developer or requested by the co mmunity;(d) the financial risks and uncertainties borne by the developer;(4) abutting community interests. In the case of arbitration involving a hostcommunitythe arbitrator(s) shall also consider the impacts specified in 990 CMR 13.05(2) on abutting communities. In the case of arbitration involving an abutting community, the arbitrator shall consider the impacts specified in 990 CMR 13.05(2) on other abutting communities;(5) all relevant information available to the arbitrator(s), which may include:(b) studies produced under state technical assistance grants;(c) reports submitted by the negotiating parties; and(d) the draft license issued by the Department of Environmental Quality Engineering;(6) past management and operational history of the developer.