Requirements for Participating in the Negotiation Process

DHA Quick Links

  • Affected Municipality
    If an Affected Municipality wants to negotiate with the applicant concerning the site, there are three requirements:

  • First: An affected municipality must pass a siting resolution within 60 days of receipt of the applicant's initial written request for local approvals. If this deadline is missed, a municipality may not participate in negotiations. A copy of the siting resolution must be sent to the board within 7 days of passage.

    Each affected municipality that wishes to negotiate with the applicant about the proposed facility must pass a siting resolution which shall state the following:


    • The name and location of the municipality

    • The name and location of the applicant

    • The specific location of the proposed facility

    • The municipality's intent to negotiate and, if necessary, arbitrate with the applicant concerning the proposed facility.

    • An affected municipality must appoint members to the local committee within 60 days of receipt of the applicant's request for local approvals. Names and addresses of local committee members must be sent to the Waste Facility Siting Board within 7 days of appointment.


  • Second: Each affected municipality that wishes to negotiate with the applicant must appoint members to the local negotiating committee.

    Each town, village, or city where all or part of the proposed waste facility is to be located may appoint 4 members, or 2 more than the total number of all other members, whichever number is greater; no more than 2, however, may be elected officials or municipal employees. Each county where all or any part of the proposed waste facility will be located may appoint 2 members. Every other town, village, city, or county within 1500 feet of the proposed waste facility may appoint 1 member. Appointment of members may be included in the siting resolution or in a separate resolution.

  • Third: Each member appointed to the local committee must file with the Waste Facility Siting Board a Statement of Economic Interests within 15 days of appointment. A member who fails to file a Statement of Economic Interests may not serve on the local committee.


  • Additional Municipalities
    If an Additional Municipality wants to negotiate with the applicant concerning the site, there are four requirements:

  • First: An additional municipality must receive written agreement of all parties to be added to the process

  • Second: An additional municipality must pass a siting resolution within 30 days of the agreement between the parties to allow participation by the additional municipality. A copy of the siting resolution must be sent to the board within 7 days of passage.

    The siting resolution must state the following:

    • The name and location of the municipality

    • The name and location of the applicant

    • The specific location of the proposed facility

    • The municipality's intent to negotiate and, if necessary, arbitrate with the applicant concerning the proposed facility.

  • Third: An additional municipality must appoint one member to the local committee within 60 days. The name and address of the local committee member must be sent to the Waste Facility Siting Board within 7 days of appointment.

  • Fourth: the appointed member to the local committee must file with the Waste Facility Siting Board a Statement of Economic Interests within 15 days of appointment. A member who fails to file a Statement of Economic Interests may not serve on the local committee.