Resolve, To Authorize the State To Purchase a Landfill in the Town of East Millinocket

Sec. 1. Acquisition of landfill authorized. Resolved: That, notwithstanding the Maine Revised Statutes, Title 5, section 1825-B, subsection 1; Title 38, section 1310-X; and Title 38, chapter 24, the following provisions apply.

1. The Executive Department, State Planning Office, referred to in this section as "the office," shall acquire, own and cause to be operated an existing Department of Environmental Protection-licensed and generator-owned solid waste disposal facility in the Town of East Millinocket, known as the Dolby Landfill and consisting of 3 separate areas known as "Dolby Landfill Site 1," "Dolby Landfill Site 2" and "Dolby Landfill Site 3," including unused solid waste capacity, expansion potential and the rights and obligations of all related solid waste licenses, together with such related property, if any, and appurtenant rights as may be necessary or desirable for the operation of such property as a commercial landfill, referred to in this resolve collectively as "the disposal facility."

The office shall establish the terms and conditions of sale, including a nominal cash purchase price, and execute and deliver, in the name of and on behalf of the State, all contracts the office determines are necessary or appropriate to effect the acquisition and operation of the disposal facility. The office shall undertake all actions the office determines necessary or appropriate to fully perform all obligations established under the contracts.

2. The acquisition agreement must provide that the current owner of the disposal facility and the owner's successors and assigns in the ownership of the pulp and paper mills in Millinocket and East Millinocket and any energy-generating facilities now or hereafter located on these mill properties have the right to dispose of sludge, ash and other wastes generated from operations on the mill properties.

3. Notwithstanding the Maine Revised Statutes, Title 38, section 1310-U, the municipality in which the disposal facility is located may not regulate the operation or any other aspect of the disposal facility as provided in Title 38, section 2173 or by means of any municipal ordinances, regulations, licenses or permits.

4. The municipal officers of the Town of East Millinocket and the Town of Millinocket shall establish a joint citizen advisory committee consisting of 7 members, of whom 4 must be from the Town of East Millinocket and 3 must be from the Town of Millinocket. In appointing members to the committee, the municipal officers shall use the Maine Revised Statutes, Title 38, section 2171, subsection 1 as guidance. The committee shall meet as soon as practical following appointment of its members and shall select a chair from among its members. The committee shall establish procedures for the conduct of meetings. The committee may:

Sec. 2. Report. Resolved: That, by February 15, 2012, the Executive Department, State Planning Office shall submit a report to the Joint Standing Committee on Environment and Natural Resources on the acquisition of the disposal facility authorized under section 1 and a review of the operations related to that disposal facility.

SUMMARY

This resolve directs the Executive Department, State Planning Office to purchase and cause to be operated an existing licensed and generator-owned solid waste disposal facility in the Town of East Millinocket known as the Dolby Landfill. The current owner of the disposal facility and the owner's successors and assigns in the ownership of the pulp and paper mills in the Town of Millinocket and the Town of East Millinocket will have the right to dispose of sludge, ash and other wastes generated at these facilities. The municipality in which the disposal facility is located may not regulate the operation of the disposal facility. The municipal officials of the Town of East Millinocket and the Town of Millinocket are directed to establish a joint citizen advisory committee regarding the disposal facility. The resolve directs the Executive Department, State Planning Office to submit a report to the Joint Standing Committee on Environment and Natural Resources by February 15, 2012 on the acquisition of the disposal facility and a review of the operations related to the disposal facility.