Resolve, To Authorize the State To Purchase a Landfill in the City of Old Town
Maine Legislature, Session 121, LD 1626
Committee: Natural Resources
Sponsors: DUNLAP, CATHCART, CARR, COLWELL, KOFFMAN, PEAVEY-HASKELL, DAVIS, MARTIN

Legislative Document 
No. 1626 
H.P.1205 
House of Representatives, May 30, 2003 
Resolve, To Authorize the State To Purchase a Landfill in the City 
of Old Town 
Reference to the Committee on Natural Resources suggested and ordered printed. 
'71/~ /J?11ldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DUNLAP of Old Town. (GOVERNOR'S BILL) 
Cosponsored by Senator CATHCART of Penobscot and 
Representatives: CARR of Lincoln, Speaker COLWELL of Gardiner, KOFFMAN of Bar 
Harbor, PEAVEY-HASKELL of Greenbush, Senators: DAVIS of Piscataquis, MARTIN of 
Aroostook. 
Printed nn n:'-=yckd paper 
Sec. 1. 
Acquisition of landfill authorized. 
Resolved: 
That, 
notwithstanding anything in the Maine Revised Statutes, Title 5, 
section 1825-B, subsection 1 
and Title 38, chapter 24 to the 
contrary, 
the 
Executive 
Department, 
State 
Planning 
Office, 
referred to in this section as "the office," may acquire, own and 
cause to be operated an existing and approved generator-owned 
solid waste disposal facility in the City of Old Town known as 
the West Old Town Landfill, referred to in this resolve as "the 
disposal 
facility" 
under 
such 
revenue-neutral 
terms 
and 
conditions as the office determines are advisable and in the 
public 
interest. 
The 
office 
may 
establish 
the 
terms 
and 
condi tions of, 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 transactions authorized 
by, or incident to, this resolve and to undertake all actions the 
office determines necessary or appropriate to fully perform all 
obligations established under this resolve. 
The municipality in which the disposal facility is located 
may 
not 
regulate 
the operation, 
expansion or siting of the 
disposal facility as provided in Title 38, section 2173 or by 
means 
of 
any 
municipal 
ordinances, 
regulations, 
licenses 
or 
permits. 
The municipal officers of the City of Old Town may 
establish 
a 
citizen 
advisory 
committee 
to 
review 
landfill 
processes and serve as a liaison between the community and the 
office to facilitate communications during the development and 
operation of 
the 
landfill 
and 
provide 
local 
residents 
with 
updated information about the project, including explanations of 
any technical terms; and be it further 
Sec. 2. Report. Resolved: 
That, by February 15, 
2004, 
the 
Executive Department, State Planning Office shall submit a report 
to the Joint Standing Committee 
on Natural Resources 
on the 
acquisi tion of the disposal facility authorized under section 1 
and a review of the operations related to that disposal facility. 
SUMMARY 
This 
resolve 
authorizes 
the 
Executive 
Department, 
State 
Planning Office 
to 
acquire, 
own 
and 
operate 
a 
preexisting, 
Department 
of 
Environmental 
Protection-approved 
and 
generator-owned solid waste disposal facility located in Old Town 
and to enter into such contracts as the office determines are 
necessary or appropriate to effect this transaction. 
The resolve 
further provides that municipal regulation of the facility will 
not be the same as for any other disposal facilities owned by the 
State. 
The City of Old Town, 
however, will be afforded the 
specified host community benefit, power and responsibility with 
respect to the facility as currently provided in state law. 
Finally, the resolve requires the State Planning Office to submit 
a report to the Joint Standing Committee on Natural Resources on 
the process of acquiring the disposal facility and reviewing the 
facility's operation.