Resolve, To Authorize Certain Host Community Benefits Relative to a Landfill in the City of Old Town Owned by the State (AFTER DEADLINE)
Maine Legislature, Session 122, LD 1669
Committee: Natural Resources
Sponsors: BLANCHARD, SCHNEIDER, CAIN, CLARK, DUCHESNE, EBERLE, KOFFMAN, PARADIS, PINEAU, RICHARDSON

Legislative Document 
No. 1669 
H.P.1178 
House of Representatives, May 10,2005 
Resolve, To Authorize Certain Host Community Benefits Relative to 
a Landfill in the City of Old Town Owned by the State 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative BLANCHARD of Old Town. 
Cosponsored by Senator SCHNEIDER of Penobscot and 
11'/~ /J7. 77lP£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAIN of Orono, CLARK of Millinocket, DUCHESNE of Hudson, EBERLE 
of South Portland, KOFFMAN of Bar Harbor, PARADIS of Frenchville, PINEAU of Jay, 
RICHARDSON of Carmel. 
Printed on recycled paper 
Emergency preamble. 
Whereas, acts 
and 
Legislature 
do 
not 
become 
effective 
until 
adjournment unless enacted as emergencies; and 
resolves 
of 
the 
days 
after 
Whereas, the Executive Department, 
State Planning Office, 
referred to in this preamble as "the office," was authorized to 
purchase the West Old Town Landfill, referred to in this preamble 
as "the disposal facility," in the City of Old Town by Resolve 
2003, chapter 93; and 
Whereas, Resolve 2003, chapter 93 authorized the office to 
enter into agreements to effect the operation of the disposal 
facility; and 
Whereas, Casella Waste Systems, Inc., referred to in this 
preamble as "the operator," was selected by the office to be the 
operator of the disposal facility through a competitive bidding 
process initiated through "Request for Proposals: 
Contract for 
Landfill Operations," issued by the office on June 13, 2003; and 
Whereas, the operator subsequently entered into an operating 
services agreement with the office dated February 5, 2004; and 
Whereas, the operator and the City of Old Town need to 
execute a host community agreement as soon as possible; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, be it 
Sec. 1. Resolve 2003, c. 93, §1, sub-§5, 1fD amended. Resolved: 
That Resolve 2003, c. 93, §l, sub-§5, ,[D is amended to read: 
D. 
Serve 
as 
a 
liaison between the 
communities 
and the 
disposal 
facility 
operator 
or 
the 
office 
to 
facilitate 
communications during the development and operation of the 
disposal 
facility 
and 
provide 
residents 
with 
updated 
information 
about 
the 
project, 
including 
providing 
explanations of any technical termSt-aBe-ee-~~-~~F~BeF~ 
; and be it further 
Sec. 2. Resolve 2003, c. 93, §1, sub-§§6 to 8 enacted. Resolved: 
That 
Resolve 2003, c. 93, §l, sUb-§§6 to 8 are enacted to read: 
. Page l-LR2364(1) 
6. 
The operator of the disposal facility shall enter into a 
host community agreement with the City of Old Town on terms and 
conditions that are at least as favorable to the City of Old Town 
as 
the 
terms 
and conditions 
of 
the host 
community benefits 
described or detailed in the documents in the operator I s bid in 
response to the request for proposals. 
The operator and the City 
of Old Town shall execute a host community agreement by the 
earlier of 90 days after the adjournment of the First Special 
~§Ji!ion of-.th~nnd Legi§lature or 90 days after the effective 
date of this sub§ection. 
7. 
The host community agreement must include provisions 
J~r, and the office or operator shall make, a payment in lie~ 
taxes 
under 
the 
Maine 
Revised 
Statutes, 
Title 
38, 
section 
5-B. 
This payment in lieu of taxes must be assessed by the 
City of Old Town as though the disposal facility were a privately 
owned commercial landfill. 
8. 
To 
the extent that this 
resolve is silent on 
any 
provision with respect to the office or operator I s 
ownership, 
operation or obligations with respect to the disposal facility, 
the provisions of the Maine Revised Statutes, Title 38, chapter 
govern; and be it further 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This resolve requires the operator of the West Old Town 
Landfill to enter into a host community agreement with the City 
of 
Old 
Town 
on 
terms 
and conditions that are at least as 
favorable to the City of Old Town as the terms and conditions of 
the 
host 
community 
benefits 
described 
or 
detailed 
in 
the 
documents in the operator I s bid in response to the request for 
proposals. 
The host community agreement must include provisions 
for a payment in lieu of taxes.